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LANDAU & CLEARY, LTD. v. HRIBAR TRUCKING, INC.

No. 87-1467.

867 F.2d 996 (1989)

LANDAU & CLEARY, LTD., Plaintiff-Appellee, v. HRIBAR TRUCKING, INC., a Wisconsin Corporation, and Leo Hribar, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 31, 1989.

Attorney(s) appearing for the Case

Gerald P. Boyle, Gerald P. Boyle, S.C., Milwaukee, Wis., for defendants-appellants.

Steven L. Sommerfield, Landau & Cleary, Ltd., Downers Grove, Ill., for plaintiff-appellee.

Before EASTERBROOK, RIPPLE, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

This is a truly impossible fact scenario. It is complicated further by the mistakes of counsel, the death of a party, the unusual use of the Federal Rules of Civil Procedure and the involvement of both state and federal courts. There are a myriad of alternative solutions, each of which is riddled with land mines. We affirm the district judge's denial of defendants-appellants'"motion for recoupment" for the reasons set out below.

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