Milwaukee Electric Tool Corp. v. McGrath & Durk, Inc.

— 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 *536discriminated against it in violation of the Robinson-Patman Act by selling to other distributors at a lower price.

Special Term erred in denying plaintiff’s motion to strike defendant’s affirmative defenses and to dismiss the counterclaim. The Federal courts have exclusive…