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L. W. FOSTER SPORTSWEAR CO. v. GOLDBLATT BROS., INC.

Nos. 15120, 15121.

356 F.2d 906 (1966)

L. W. FOSTER SPORTSWEAR CO., Inc., Plaintiff-Appellant and Appellee, v. GOLDBLATT BROS., INC., Defendant-Appellee and Appellant.

United States Court of Appeals Seventh Circuit.

February 2, 1966.

Attorney(s) appearing for the Case

John F. McClure, Sherman D. Weiss, Chicago, Ill., for plaintiff-appellant, L. W. Foster Sportswear Co., Inc., Kahn, Adsit, Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., of counsel.

Joseph DuCoeur, Gordon H. S. Scott, Chicago, Ill., for defendant-appellee, Goldblatt Bros., Inc., Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, and KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

This is a diversity action for recovery, under Count I, of a "balance due" on goods Foster, a Philadelphia clothing manufacturer, sold and delivered to Goldblatt of Chicago; and, under Count II, for damages for Goldblatt's alleged breach of contracts. The jury returned a verdict for Foster on Count I for $76,246.56; and a separate verdict for $20,830.26 in its favor on Count II. Judgment was entered on these verdicts. The district court ultimately...

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