Legal Opinion
Kelly v. Kosuga
Supreme Court of the United States
Decided April 6, 1959No. 267PublishedCited by 319 opinions
1Opinion of the CourtJustice Brennan
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 § 1 of the Sherman Antitrust Act, 26 Stat. 209, as amended, 15 U. S. C. § 1. A motion was made to strike this defense and therefore the facts underlying it must be taken to be…
2Cases cited10 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
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3Cited by319 opinions
- Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
- Tampa Electric Co. v. Nashville Coal Co.Supreme Court of the United States · 1961
- Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
- Grunin v. International House of PancakesCourt of Appeals for the Eighth Circuit · 1975
- Boeing Company v. Sierracin CorporationWashington Supreme Court · 2000
314 more not listed; retrieve them via the Exa API.