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GRITZ HARVESTORE v. A.O. SMITH HARVESTORE PRODUCTS

No. 84-1634.

769 F.2d 1225 (1985)

GRITZ HARVESTORE, INC., Plaintiff, v. A.O. SMITH HARVESTORE PRODUCTS, INC., Defendant-Appellee, v. L.H. GRUETZMACHER, et al., Third-Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1985.

As Amended on Denial of Rehearing October 31, 1985.

Attorney(s) appearing for the Case

Charles F. Graupner, Michael, Best & Friedrich, Milwaukee, Wis., for plaintiff.

Anne Reed, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Milwaukee, Wis., for defendant-appellee.

Before CUMMINGS, Chief Judge, ESCHBACH, Circuit Judge, and SWYGERT, Senior Circuit Judge.

SWYGERT, Senior Circuit Judge.

In this diversity action, Gritz Harvestore, Inc. ("Gritz") sued A.O. Smith Harvestore Products, Inc. ("Harvestore") for terminating its dealership. Harvestore counterclaimed against the dealership, Gritz, and its guarantors, Carmen, Elaine, and Jim Gruetzmacher, for the value of goods that had been shipped to Gritz, but that had never been paid for. Carmen and Elaine Gruetzmacher stipulated to a consent judgment. Carmen also agreed to...

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