The opinion
Eder, J.
On settlement of decision and judgment. The action herein was brought pursuant to section 369-a et seq. of the General Business Law (Feld-Crawford Fair Trade Act), which relates to intrastate commerce. Schwegmann Bros. v. Calvert Distillers Corp. ( 341 U. S. 384 ) is clearly distinguishable. It is clear therefrom that it is without application or governing effect here. That case involved the Miller-Tydings Enabling Act (U. S. Code, tit. 15, § 1), and relates to interstate commerce. This action at bar involves intrastate transactions. The Schwegmann case ruling is applicable to and affects only interstate transactions in an action by a producer against a local retailer. In the instant case both parties were local retailers and the transactions were entirely local. Moreover, there is no evidence in the record that interstate commerce was involved; neither “ implication ” nor “ inference ” may be invoked in that regard. The court sees no ground for reconsideration of its decision because of the ruling in the Schwegmann case.
Decision and judgment signed.