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Kelly v. Kosuga, 358 U.S. 516 (1959)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
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. 516-521.
257 F.2d 48 affirmed.
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Chicago:
U.S. Supreme Court, "Syllabus," Kelly v. Kosuga, 358 U.S. 516 (1959) in 358 U.S. 516 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=4EC6S21V9AUSUN7.
MLA:
U.S. Supreme Court. "Syllabus." Kelly v. Kosuga, 358 U.S. 516 (1959), in 358 U.S. 516, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=4EC6S21V9AUSUN7.
Harvard:
U.S. Supreme Court, 'Syllabus' in Kelly v. Kosuga, 358 U.S. 516 (1959). cited in 1959, 358 U.S. 516. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=4EC6S21V9AUSUN7.
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