General Electric Company v. Wender

MOORE, Chief Judge.

This is a civil action instituted by plaintiff for the purpose of obtaining an injunction against defendant to prevent retail sales by defendant of plaintiff’s trade-marked products at less than the resale prices fixed by plaintiff in contracts with other retailers.

Plaintiff must prevail if at all by reason of the provisions of West Virginia’s so-called “Fair Trade Act.”

Defendant’s answer raises the question of whether or not the West Virginia Statute is constitutional. It is further alleged that defendant has no standing in a court of equity because of its having in…