3330. Affirmative Defense to Locality Discrimination Claim Cost Justification

3330. Affirmative Defense to Locality Discrimination Claim--Cost Justification Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that any locality discrimination proven by [name of plaintiff] is within the law. To succeed, [name of defendant] must prove that the difference in [his/her/its] price is justified by: [insert one or more of the following:] [A difference in the [grade/quality/quantity] of the [product] [he/she/it] sold in the different locations;] [or] [The difference in the cost of the [manufacture/sale/delivery] of [his/her/its] [product] in the different locations;] [or] [A difference in the actual cost of transportation from the place the [product] was [produced/manufactured/shipped] to the place where the [product] was sold.] ________________________________________________________________________________ New September 2003