U.S. Court of Appeals for the Fourth Circuit, 1955

Home Utilities Company, Incorporated, a Body Corporate v. General Electric Company, a Body Corporate

U.S. Court of Appeals for the Fourth Circuit · Decided December 2, 1955 · Parker, Do-Bie, Barksdale

227 F.2d 384 (Federal Reporter, Second Series)

Counsel

Melvin J. Sykes, Baltimore, Md., (Harry Silbert, Baltimore, Md., on brief), for appellant., David R. Owen, Baltimore, Md. (George D. Hubbard and Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellee.

Cases that cite this one

6 later published cases cite this decision.

Vornado, Inc. v. Corning Glass Works (District Court, D. New Jersey 1966)
Hudson Distributors, Inc. v. Eli Lilly & Co. (Cuyahoga County Common Pleas Court 1965)
Gadol v. Dart Drug Corp. (Md. 1960)
Dart Drug Corp. v. Eli Lilly and Co. (Md. 1958)
Eastman Kodak Company, a Body Corporate, and Cross-Appellee v. Home Utilities Company, Incorporated, a Body Corporate, and Cross (4th Cir. 1956)
In re Mellman (Cal. Ct. App. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from a decree restraining a “discount” house from violating the provisions of the Maryland Fair Trade Act, Annotated Code of Maryland 1951, art. 83, secs. 102-110, by selling certain manufactured articles below the retail prices established for them by the manufacturer pursuant to the provisions of that act. The questions raised by the appeal resolve themselves into one question, viz., whether the plaintiff has exercised due diligence to protect its rights under the Fair Trade Act, or whether it is precluded from relying on the act by reason of failure to use due diligence in that regard and in its dealings with wholesalers and distributors. We think that the evidence in the case clearly supports the decision of the trial judge as set forth in his opinion which is adopted as the opinion of this court. See General Electric Company v. Home Utilities Company, 131 F.Supp. 838.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.