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MEDIGROUP, INC. v. SCHILDKNECHT

No. 71-1576.

463 F.2d 525 (1972)

MEDIGROUP, INC., Plaintiff-Appellant, v. Phillip SCHILDKNECHT and Neil P. Gavin, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 1972.

Attorney(s) appearing for the Case

Joseph B. McDonnell, Dixon & McDonnell, Belleville, Ill., for Medigroup, Inc., a Corporation, plaintiff-appellant.

Charles R. Brady, Belleville, Ill., for defendants-appellees.

Before CUMMINGS and SPRECHER, Circuit Judges, and LARAMORE, Senior Judge.

SPRECHER, Circuit Judge.

This diversity action1 is for damages for breach of warranty in connection with the sale of the stock of two corporations which owned and operated Parkview Manor, a nursing home in O'Fallon, Illinois.

During January, 1969, plaintiff's president negotiated with defendants for sale of the stock. Defendants furnished him the most recent balance sheets available, which listed each corporation's

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