G.E.M. Sundries Co. v. Johnson & Johnson

Before POPE, MERRILL and KOELSCH, Circuit Judges. MERRILL, Circuit Judge: This appeal is taken from the Supreme Court of the Territory (now State) of Hawaii, pursuant to 28
U.S.C. 1293. It concerns the validity of the Hawaii Fair Trade Act (Â 205-21, 205-25, Revised Laws of Hawaii, 1955), which
legalizes contracts by which manufacturers of trademarked goods bind retailers, both contracting and non-contracting, to maintain
resale prices fixed by the manufacturer in the accepted contracts. Appellant contends, contrary to the judgment of the Hawaii
Supreme Court, that this Act is invalid under 3 of the Sherman Act, 15 U.S.C. 3, and, in its application to non-contracting
retailers, that the Act violates the due process of law clauses of the Fifth and Fourteenth Amendments of the United States
Constitution.