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NATIONAL UTIL. SERV., INC. v. NORTHWESTERN STEEL & WIRE CO.

No. 17795.

426 F.2d 222 (1970)

NATIONAL UTILITY SERVICE, INC., Plaintiff-Appellant, v. NORTHWESTERN STEEL AND WIRE CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied May 22, 1970.

Attorney(s) appearing for the Case

Thomas A. Keegan, Keegan & Gosdick, Rockford, Ill., John M. Foley, New York City, for plaintiff-appellant; Foley, Hickey, Gilbert & Currie, New York City, of counsel.

Hamilton Smith, James E. Betke, William G. Migely, Chicago, Ill., for defendant-appellee; McDermott, Will & Emery, Chicago, Ill., of counsel.

Before KILEY, CUMMINGS, and KERNER, Circuit Judges.

CUMMINGS, Circuit Judge.

This is a breach of contract action brought by National Utility Service, Inc., a New York corporation, against Northwestern Steel and Wire Company of Sterling, Illinois. In 1964, the parties executed a 5-year contract providing that plaintiff would make a technical investigation and analysis of the various factors in defendant's gas and utility rates and advise when reductions could be obtained. Defendant was obligated to pay a retainer fee...

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