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AM. WOOLEN CO. v. MILLER-SCHULMAN CORP.

206 Misc. 1005 (1954)

American Woolen Company, Incorporated, Plaintiff, v. Miller-Schulman Corp., Defendant.

Supreme Court, Special Term, New York County.

November 4, 1954.

Attorney(s) appearing for the Case

Hays, Sklar, Epstein & Herzberg for plaintiff.

Jacobs, Leibowitz & Kahn for defendant.

EDER, J.

Plaintiff moves to strike out the third separate and distinct defense for insufficiency. The action seeks recovery of the purchase price. The third separate defense alleges that plaintiff is engaged in interstate commerce and that its sales are subject to the provisions and prohibitions of the Robinson-Patman Act (U. S. Code, tit. 15, § 13 et seq.). By reason of the fact that the price...

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