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DOW CORNING CORPORATION v. CAPITOL AVIATION, INC.

No. 17127.

411 F.2d 622 (1969)

DOW CORNING CORPORATION, Plaintiff, v. CAPITOL AVIATION, INC., Defendant and Third-Party Plaintiff-Appellee, v. NORTH AMERICAN ROCKWELL CORPORATION and its Aero Commander Division, formerly known as Rockwell Standard Corporation and Aero-Commander, Inc., Third-Party Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

May 20, 1969.

Attorney(s) appearing for the Case

John J. Crown, Albert E. Jenner, Jr., William B. Davenport, Chicago, Ill., for appellants, Raymond Mayer, Jenner & Block, Chicago, Ill., of counsel.

James B. O'Shaughnessy, Chicago, Ill., Aaron J. Kramer, for defendant and third-party plaintiff-appellee, Schiff, Hardin, Waite, Dorschel & Britton, Chicago, Ill., of counsel.

Before DUFFY and HASTINGS, Senior Circuit Judges, and SWYGERT, Circuit Judge.

DUFFY, Senior Circuit Judge.

This is an appeal from an interlocutory order dated April 4, 1967, striking one of appellant's affirmative defenses, and from a final judgment dated June 21, 1967 entered after a trial on the merits.

Initially, plaintiff (Dow) claimed breach of a written contract for the purchase by plaintiff and the sale by defendant (Capitol) as distributor for Rockwell Standard and Aero-Commander, Inc. (Aero) of a certain Aero-Commander aircraft...

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