Business: Flip-Flop

Test case of the constitutionality of New York's Feld-Crawford Fair Trade Act of 1935 was Doubleday, Doran & Co., Inc., publishers, v. Manhattan's R. H. Macy & Co. (TIME, Nov. 18, 1935). No facts were disputed. Macy's admitted selling books at prices lower than those agreed upon between Doubleday, Doran and its retail affiliate. New York Supreme Court Justice Frederick P. Close decided Macy's could sell books at whatever price it chose, declared the Feld-Crawford Act unconstitutional (TIME, Nov. 25, 1935). Opined he: "The act attempts to give to private persons unlimited power...

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