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KELLY v. KOSUGA

No. 267.

358 U.S. 516 (1959)

KELLY v. KOSUGA.

Supreme Court of United States.

Decided February 24, 1959.

Attorney(s) appearing for the Case

Joseph W. Louisell argued the cause for petitioner. With him on the brief was Ivan E. Barris.

Lee A. Freeman argued the cause for respondent. With him on the brief were Anthony Bradley Eben, Brainerd Currie and Philip B. Kurland.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The respondent sued the petitioner in the District Court for the Northern District of Illinois for failing to complete payment of the purchase price of 50 cars of onions which the respondent had sold to the petitioner in December 1955. Jurisdiction was based on diversity of citizenship. The petitioner interposed the defense that the sale was made pursuant to and as an indivisible part of an agreement which violated...

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