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MILWAUKEE ELEC. TOOL CORP. v. McGRATH & DURK, INC.

133 A.D.2d 535 (1987)

Milwaukee Electric Tool Corporation, Appellant, v. McGrath & Durk, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1987

Order unanimously reversed on the law with costs, and plaintiff's motion granted. Memorandum: Plaintiff commenced an action to recover the purchase price of merchandise sold and delivered to defendant. Defendant admitted that it ordered the merchandise but asserted by way of defense and counterclaim that plaintiff had discriminated against it in violation of the Robinson-Patman Act by selling to other distributors at a lower price...

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