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SUTLIFF, INC. v. DONOVAN COMPANIES, INC.

Nos. 83-1308, 83-1499.

727 F.2d 648 (1984)

SUTLIFF, INCORPORATED, Debtor, Ellingsen-MacLean Oil Company, Land O'Lakes Inc., and Thomas S. Utschig, Trustee, Plaintiffs-Appellants, v. DONOVAN COMPANIES, INC., Kenneth Kamp, Garrow Oil Corporation, and William Garrow, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 1984.

Attorney(s) appearing for the Case

William J. Holloway, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for plaintiffs-appellants.

D. Jeffrey Hirschberg, Whyte & Hirschboeck, Milwaukee, Wis., Joseph J. Shiff, Sigman, Shiff, Janssen, Stack & Wenning, Appleton, Wis., for defendants-appellees.

Before ESCHBACH, POSNER, and COFFEY, Circuit Judges.

POSNER, Circuit Judge.

This appeal, which raises both procedural and substantive questions, the latter under RICO (Racketeer Influenced and Corrupt Organizations, Title IX of the Organized Crime Control Act of 1970, 18 U.S.C. §§ 1961-1968) and the Sherman Antitrust Act, 15 U.S.C. §§ 1-11, grows out of a dispute among five oil wholesalers in Appleton, Wisconsin: on the plaintiff side Sutliff, Inc., now bankrupt, and two of its creditors, Ellingsen...

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