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Schwegmann Bros. v. Calvert Distillers Corp., 341 U.S. 384 (1951)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Schwegmann Bros. v. Calvert Distillers Corp., 341 U.S. 384 (1951)
Schwegmann Brothers v. Calvert Distillers Corp. Argued April 9-10,1951 Decided May 21, 1951 * 341 U.S. 384
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
The Miller-Tydings Act exempts from the operation of the Sherman Act "contracts or agreements prescribing minimum prices for the resale" of specified commodities when "contracts or agreements of that description are lawful as applied to intrastate transactions" under local law. Respondents, distributors of gin and whiskey in interstate commerce, have contracts or agreements with Louisiana retailers fixing minimum retail prices for respondents’ products. Louisiana law authorizes enforcement of price-fixing not only against parties to a "contract," but also against nonsigners. Petitioner, a retailer in New Orleans, refused to sign a price-fixing contract with respondents and sold respondents’ products at cut-rate prices.
Held: Respondents were not entitled by reason of the Miller-Tydings Act to enjoin petitioner from selling their products at less than the minimum prices fixed by their schedules. Pp. 385-395.
(a) Price-fixing is unlawful per se under the Sherman Act. P. 386.
(b) The Miller-Tydings Act exempts "contracts or agreements prescribing minimum prices for the resale" of the articles purchased, not "contracts or agreements" respecting the practices of noncontracting competitors of the contracting retailers. Pp. 387-390.
(c) The history of the Miller-Tydings Act supports the construction here given it. Pp. 390-395.
184 F. 2d 11, reversed.
The District Court enjoined petitioner from alleged unlawful price-cutting. The Court of Appeals affirmed. 184 F. 2d 11. This Court granted certiorari. 340 U.S. 928. Reversed, p. 395.
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Chicago: U.S. Supreme Court, "Syllabus," Schwegmann Bros. v. Calvert Distillers Corp., 341 U.S. 384 (1951) in 341 U.S. 384 341 U.S. 385. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=MEI3CN24AX1UE6E.
MLA: U.S. Supreme Court. "Syllabus." Schwegmann Bros. v. Calvert Distillers Corp., 341 U.S. 384 (1951), in 341 U.S. 384, page 341 U.S. 385. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MEI3CN24AX1UE6E.
Harvard: U.S. Supreme Court, 'Syllabus' in Schwegmann Bros. v. Calvert Distillers Corp., 341 U.S. 384 (1951). cited in 1951, 341 U.S. 384, pp.341 U.S. 385. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=MEI3CN24AX1UE6E.
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