ASH v. WALLENMEYER

No. 88-1253.

879 F.2d 272 (1989)

Myron ASH, as trustee of the J & W Corporation Liquidating Trust, Plaintiff-Appellant, v. Donald E. WALLENMEYER, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 1989.

Rehearing Denied August 3, 1989.


Attorney(s) appearing for the Case

Nicholas P. Iavarone, Bellows & Bellows, Michael J. Carey, Chicago, Ill., for plaintiff-appellant.

Garrett B. Johnson, Kirkland & Ellis, Randall A. Hack, B. John Mix, Jr., Chicago, Ill., Donald E. Wallenmeyer, Orland Hills, Ill., for defendants-appellees.

Before POSNER, FLAUM, and RIPPLE, Circuit Judges.


POSNER, Circuit Judge.

This appeal by a disappointed plaintiff illustrates the potential conflict between adversarial and substantive justice. The plaintiff, Myron Ash, is the former president and principal owner, and the present trustee in bankruptcy, of the J & W Corporation, a motor common carrier with headquarters in Chicago. One of J & W's customers was a facility in Gary, Indiana, owned by Georgia-Pacific Corporation, the paper producer, which is a defendant...

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