Huerbinger Drug Co. v. Topp's of Niles, Inc.

MR. PRESIDING! JUSTICE KILEY

delivered the opinion of the court.

Plaintiffs, retail druggists, seek a permanent injunction to restrain defendants, also retail druggists, from violation of the Illinois Pair Trade Act. 111. Rev. Stat., ch. 121%, secs. 188-190 (1959). They were denied relief as to Topp’s of Niles, Inc., but the Chancellor granted a temporary injunction restraining Darby Sales Company from selling certain drug products below Pair Trade prices. Darby has appealed from the order for the temporary injunction.

Plaintiffs operate drug stores which sell products bearing the trade names of…