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GREAT WESTERN SUGAR CO. v. WHITE STOKES CO.

Nos. 83-1668, 83-2401.

736 F.2d 428 (1984)

The GREAT WESTERN SUGAR COMPANY, a Delaware corporation, Plaintiff-Appellant, v. WHITE STOKES CO., an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 13, 1984.

Attorney(s) appearing for the Case

Victor F. Boog, Bradley, Campbell & Carney, Golden, Colo., for plaintiff-appellant.

John R. Myers, Bell, Boyd & Lloyd, Chicago, Ill., for defendant-appellee.

Before PELL and FLAUM, Circuit Judges, and HENLEY, Senior Circuit Judge.

HENLEY, Senior Circuit Judge.

The Great Western Sugar Company brought this diversity suit alleging that White Stokes Co. breached an oral contract to purchase sugar. The district court granted White Stokes' motion for summary judgment and also awarded their attorneys' fees in defending the suit pursuant to the Illinois fee-shifting statute, Ill.Rev.Stat. ch. 110, § 2-611. On appeal Great Western contends that the question whether a prior oral contract had been...

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