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HAVOCO OF AMERICA LTD. v. HILCO, INC.

No. 83-1805.

731 F.2d 1282 (1984)

HAVOCO OF AMERICA, LTD., a Delaware Corporation, Plaintiff-Appellant, v. HILCO, INC., a Tennessee Corporation, Elmer C. Hill, and Sumitomo Shoji America, Inc., a New York Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1984.

Attorney(s) appearing for the Case

Robert S. Atkins, Freeman, Atkins & Coleman Ltd., Chicago, Ill., for plaintiff-appellant; Susan B. Padove, Chicago, Ill., of counsel.

Victor G. Savikas, Karon, Morrison & Savikas, Ltd., Ronald Butler, Butler, Rubin, Newcomer & Saltarelli, Chicago, Ill., for defendants-appellees.

Before CUMMINGS, Chief Judge, CUDAHY, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

CUDAHY, Circuit Judge.

Plaintiff-Appellant, Havoco of America, Ltd. ("Havoco"), brought a diversity suit against defendants Elmer C. Hill and Hilco, Inc. ("Hilco") and Sumitomo Shoji America, Inc. ("Sumitomo"), alleging fraud and a conspiracy to defraud Havoco in inducing it to assign its coal supply contract with the Tennessee Valley Authority ("TVA") to a third party, R & F Coal Company ("R & F Coal"). Havoco had previously sued R & F Coal for breach...

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