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AMOCO OIL CO. v. ASHCRAFT

No. 85-2152.

791 F.2d 519 (1986)

AMOCO OIL COMPANY, Plaintiff-Appellee, v. Glyndon R. ASHCRAFT and Carolyn S. Ashcraft, Defendants-Appellants, Charles Bowlby Oil Co., Inc., Charles E. Bowlby, and Dorothy J. Bowlby, Defendants.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1986.

Attorney(s) appearing for the Case

J. Lee McNeely, McNeely & Sanders, Shelbyville, Ind., defendants-appellants.

Brian K. Burke, Baker & Daniels, Indianapolis, Ind., plaintiff-appellee.

Before BAUER and POSNER, Circuit Judges, and FAIRCHILD, Senior Circuit judge.

POSNER, Circuit Judge.

Amoco brought this diversity suit to collect a debt of $62,000 from the Charles Bowlby Oil Company. It joined as additional defendants the Ashcrafts, who had guaranteed Bowlby Oil Company's debts, and Mr. and Mrs. Bowlby, who had done likewise. Apparently neither the Bowlby company nor the Bowlbys have any assets, although they remain as parties defendant in the district court. The Ashcrafts counterclaimed against Amoco for fraud and breach...

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