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NATIONAL DIAMOND SYNDICATE, INC. v. UPS

Nos. 88-2620, 88-2687.

897 F.2d 253 (1990)

NATIONAL DIAMOND SYNDICATE, INC., Plaintiff-Appellee, Cross-Appellant, v. UNITED PARCEL SERVICE, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Alvin R. Becker, Steven Garmisa, Timothy M. Kelly, Beermann, Swerdlove, Woloshin, Barezky & Berkson, Chicago, Ill., for Nat. Diamond Syndicate, Inc.

James D. Crawford, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., and Robert E. Arroyo, and Michael J. Sreenan, Keck, Mahin & Cate, Chicago, Ill., for United Parcel Service, Inc.

Before CUDAHY, EASTERBROOK and MANION, Circuit Judges.

CUDAHY, Circuit Judge.

Our decision in this case turns on the meaning of "cash" in a c.o.d. delivery contract. National Diamond Syndicate ("NDS") hired United Parcel Service ("UPS") to deliver three c.o.d. parcels, choosing UPS's "cash only" collection option. UPS collected three facially valid cashier's checks, which were subsequently discovered by NDS to be counterfeit. NDS claims that UPS breached the parties' contract by collecting the cashier's checks in lieu...

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