Monday, Nov. 25, 1935

Macy Wins

At White Plains Supreme Court Justice Frederick P. Close declared the Feld-Crawford Act unconstitutional. Test case on this New York State Fair Trade Act was brought when Doubleday, Doran & Co., publishers, sued R. H. Macy for retailing books below a price made binding, by the terms of the Feld-Crawford Act, on all New York State retailers because the publisher had agreed upon that price with one retailer: Doubleday, Doran Bookshops, Inc. (TIME, Nov. 18). Judge Close ruled that such price-fixing was outside the State's power, that its method was arbitrary, put too much power in the hands of individuals. The decision--also of interest to Standard Brands, Lambert Pharmacal. General Foods, other makers of trade marked products--will be taken to the Court of Appeals.

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