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WISCONSIN ELEC. POWER CO. v. ZALLEA BROS., INC.

No. 78-2086.

606 F.2d 697 (1979)

WISCONSIN ELECTRIC POWER COMPANY, a Wisconsin Corporation, Plaintiff-Appellant, v. ZALLEA BROTHERS, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 7, 1979.

As Amended September 12, 1979.

Attorney(s) appearing for the Case

William P. Croke, Milwaukee, Wis., for plaintiff-appellant.

Gilbert W. Church and Richard H. Porter, Milwaukee, Wis., for defendant-appellee.

Before MOORE, Senior Circuit Judge, PELL, and WOOD, Circuit Judges.

MOORE, Circuit Judge.

This action, wherein federal jurisdiction is predicated on diversity of citizenship, 28 U.S.C. § 1332 (1976), was brought in the District Court for the Eastern District of Wisconsin, by Wisconsin Electric Power Company (hereinafter "WEPCO") a public utility that generates electricity and furnishes steam through underground tunnels for heating buildings in the downtown area of the City of Milwaukee. WEPCO sought to recover from Zallea Brothers...

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