73 So. 2d 680 - Miles Laboratories v. Eckerd’s Empirical Analysis

Citation profile

4 federal appellate · 14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As we have stated before, the real effect of the non-signer clause is anti-competitive price fixing; not the protecting of the good will of trade marked products as other courts have held. Goodwill, it has been, said, should be determined by the price which the .goods can command in a competitive market, and not by the ability of the manufacturer to sell at a pegged retail price which he himself selects. Corey, Fair Trade Pricing: A Reappraisal, 30 Harv.Bus.Rev. 47, 60. Except in times ■of economic emergency such inflexible price arrangements which the act sanctions are not in line with our traditional concepts of free competition, which have traditionally been the 'yard stick’ for protection of the consuming public. The real vice of the non-signer clause is the absence of that standard, and the decisions of this Court cited herein so hold. In removing the said standard the non-signer clause must fail as an invalid use of the police power for a private, not a public purpose.””

   2 later decisions quote this exact passage
   e.g. Skaggs Drug Center v. General Electric Company · Sunbeam Corp. v. Masters of Miami, Inc.

2. “"* * * The general rule is that findings of fact made by the legislature are presumptively correct. However, it is well recognized that the findings of fact made by the legislature must actually be findings of fact. They are not entitled to the presumption of correctness if they are nothing more than recitations amounting only to conclusions and they are always subject to judicial inquiry. Moreover, findings of fact made by the legislature do not carry with them a presumption of correctness if they are obviously contrary to proven and firmly established truths of which courts may take judicial notice. If the subject upon which the legislature makes findings of fact is one which is fairly debatable, the presumption of correctness attaches and remains extant until and unless such findings are challenged and disproved in an appropriate proceeding." (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Moore v. Thompson

3. “consistently and unequivocally rejected, on constitutional grounds, both the underlying theory and the economic facts on which [the Fair Trade Acts] are sought to be predicated.”

   1 later decision quote this exact passage
   e.g. Sunbeam Corp. v. Masters of Miami, Inc.