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BIG O TIRE DEALERS, INC. v. BIG O WAREHOUSE

No. 83-2863, 83-2902.

741 F.2d 160 (1984)

BIG O TIRE DEALERS, INC., Plaintiff-Appellee, v. BIG O WAREHOUSE, an Illinois general partnership, and Richard MacQueen, Defendants, Joseph Nuzzo, Alex Nuzzo and Paul Arra, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1984.

Rehearing Denied October 3, 1984.

Attorney(s) appearing for the Case

Robert J. Peters, Frankel & McKay, Ltd., Chicago, Ill., for plaintiff-appellee.

Charles J. Pesek, Karaganis & Gold, Edward S. Margolis, Teller, Levit, & Silvertrust, P.C., Chicago, Ill., for defendants-appellants.

Before CUDAHY and FLAUM, Circuit Judges, and KELLAM, Senior District Judge.

FLAUM, Circuit Judge.

This appeal raises the question of whether the district court erred in granting summary judgment against all defendants on the issue of liability for the price of goods sold and delivered and against defendants Joseph Nuzzo and Richard MacQueen1 on their personal guarantees of defendant Big O Warehouse's debt. We find that there is a genuine issue of material fact, and thus, we reverse and remand for further proceedings...

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