KELLY V. KOSUGA, 358 U. S. 516 (1959)

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U.S. Supreme Court

Kelly v. Kosuga, 358 U.S. 516 (1959)

Kelly v. Kosuga

No. 267

Argued January 22, 1959

Decided February 24, 1959

358 U.S. 516


In this suit brought in a Federal District Court on grounds of diversity of citizenship by a seller to recover from a buyer the unpaid balance due in respect to a lawful sale for a fair consideration, the District Court properly granted the plaintiff's motion to strike an affirmative defense pleaded by the buyer to the effect that the sale was made pursuant to, and as an indivisible part of, an agreement which violated § 1 of the Sherman Antitrust Act. Pp. 358 U. S. 516-521.

257 F.2d 48 affirmed.

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