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ENQUIP, INC. v. SMITH-McDONALD CORP.

Nos. 80-1633, 80-1822.

655 F.2d 115 (1981)

ENQUIP, INC. and Tank Service, Inc., Plaintiffs, v. SMITH-McDONALD CORP., Defendant, Third-Party Plaintiff and Counter-Defendant-Appellee, v. GARDNER CONSTRUCTION CO., Third-Party Defendant and Third-Party Plaintiff-Appellant. ENQUIP, INC. and Tank Service, Inc., Plaintiffs-Appellees, v. SMITH-McDONALD CORP., Defendant, Third-Party Plaintiff and Counter-Defendant-Appellant, v. GARDNER CONSTRUCTION CO., Third-Party Defendant and Third-Party Plaintiff-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 28, 1981.

Rehearing Denied August 28, 1981.

Attorney(s) appearing for the Case

Patrick J. Mazza, Chicago, Ill., for third party defendant-appellant.

Christopher J. McElroy, Jenner & Block, Chicago, Ill., for plaintiff-appellee.

Martha A. Mills, Chicago, Ill., for third party plaintiff-appellee.

Before FAIRCHILD, PELL and SPRECHER, Circuit Judges.

PELL, Circuit Judge.

These appeals are from a judgment in an action brought to recover the contract price for oil-water separator tanks manufactured by the plaintiff-appellee, Enquip, Inc. (Enquip), sold to its dealer, the defendant third-party plaintiff-appellee, Smith-McDonald Corp. (Smith-McDonald), and sold by Smith-McDonald in turn to the third-party defendant-appellant, Gardner Construction Co. (Gardner), a general contractor who had ordered the tanks for installation...

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