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HOEFFERLE TRUCK SALES, INC. v. DIVCO-WAYNE CORP.

Nos. 74-1481, 74-1765 to 74-1769.

523 F.2d 543 (1975)

HOEFFERLE TRUCK SALES, INC., Plaintiff-Appellant, v. DIVCO-WAYNE CORP., et al., Defendants-Appellees. AUGUST SCHMIDT COMPANY, Plaintiff-Appellant, Cross-Appellee, v. BOISE CASCADE CORPORATION, etc., Defendant-Appellee, Cross-Appellant. EASTLAND TRUCK SALES, INC., etc., et al., Plaintiffs-Appellants, Cross-Appellees, v. BOISE CASCADE CORPORATION, etc., Defendant-Appellee, Cross-Appellant. Jack FOGELMAN and Norman Fogelman, a partnership d/b/a J. A. Fogelman Truck Sales and Service, Plaintiffs-Appellees, v. BOISE CASCADE CORPORATION, etc., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 1975.

Rehearing Denied November 7, 1975.

Attorney(s) appearing for the Case

William J. O'Brien, Jr., Chicago, Ill., for appellants.

Victor E. Grimm, Chicago, Ill., for appellees.

Before CUMMINGS, TONE and BAUER, Circuit Judges.

BAUER, Circuit Judge.

This consolidated appeal involves an action by four automotive dealers against the successor, by merger, of a truck manufacturer for breach of contract and other claims. Various jurisdictional and evidentiary issues are raised herein.

The facts of this case may be summarized as follows. The four dealers who brought suit are Eastland Truck Sales1 ("Eastland") of Warren, Michigan, August Schmidt Company ("Schmidt...

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