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GATES RUBBER COMPANY v. USM CORPORATION

No. 73-1325.

508 F.2d 603 (1975)

The GATES RUBBER COMPANY, a corporation, Plaintiff-Appellant, v. USM CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 6, 1975.

Rehearing Denied February 12, 1975.

Attorney(s) appearing for the Case

Stephen H. Cohen, Minneapolis, Minn., for plaintiff-appellant.

Robert C. Strodel, Peoria, Ill., Richard A. Bowman, Minneapolis, Minn., for defendant-appellee.

Before CUMMINGS and STEVENS, Circuit Judges, and GRANT, Senior District Judge.

STEVENS, Circuit Judge.

The principal question presented by this diversity case is whether to follow a line of Illinois appellate court decisions which are directly in point, or to treat three recent Illinois Supreme Court decisions as presaging a different result because they have eroded the basic rule on which the appellate court decisions rested.

Defendant pleads the Illinois five-year statute of limitations

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