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Thursday, July 9, 1992 - Page updated at 12:00 AM

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Ernst Takes Pay'n Save To Court

Ernst Home Center Inc. is going after another local retailer in court, accusing it of illegal competition.

Ernst is suing Pay'n Save Drug Stores for selling nursery items in 15 shopping centers in the state. In court papers, Ernst claims it has the sole right to sell nursery products in the centers, which are mostly in the Seattle area.

It is the second competitor Ernst has taken to court in recent weeks. The Seattle-based home improvement chain is suing Eagle Hardware and Garden, headquartered in Tukwila, for running newspaper ads that Ernst claims were false and deceptive.

Pay'n Save knew Ernst had contracts with the shopping-center owners to be the primary or exculsive seller of nursery products in the 15 centers, Ernst says. Pay'n Save has sold nursery items in the centers, despite demands by Ernst that it stop.

Pay'n Save has sold nursery items such as flowers and house plants, said Kinne Hawes, Pay'n Save senior vice president. But he said the products are sold seasonally and are not a big part of the chain's revenues.

Hawes said Ernst and Pay'n Save are trying to resolve the issue out of court.

Copyright (c) 1992 Seattle Times Company, All Rights Reserved.

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