MILLER v. U.S. STEEL CORP.

Nos. 89-2533, 89-2587.

902 F.2d 573 (1990)

Jordan A. MILLER and J. Donna Miller, doing business as Office on the Square, Plaintiffs-Appellants, v. UNITED STATES STEEL CORPORATION, Defendant and Third-Party/Plaintiff-Appellee, v. MILLER & MEIER & ASSOCIATES, ARCHITECTS & PLANNERS, INCORPORATED and Selzer-Ornst Company, Third-Party Defendants.

United States Court of Appeals, Seventh Circuit.

Decided May 15, 1990.

As Amended May 17, 1990.

Rehearing Denied July 12, 1990.


Attorney(s) appearing for the Case

E. Campion Kersten, Leslie M. Loftus, Kersten & McKinnon, Milwaukee, Wis., for Jordan A. Miller and J. Donna Miller.

William J. McKim, David A. Ruptak, Roger L. Wise, Law Dept., Pittsburgh, Pa., for U.S. Steel Corp.

Thomas L. Shriner, Jr., David E. Beckwith, Cynthia Obremski, Foley & Lardner, James F. Boyle, Edmund W. Powell, Borgelt, Powell, Peterson & Frauen, Milwaukee, Wis., Donald P. Schneider, Schellinger & Doyle, Brookfield, Wis., Donald M. Lieb, Otjen, Vanert, Stangle, Lieb & Weir, Milwaukee, Wis., for Miller & Meier & Associates, Architects & Planners, Inc.

Before CUDAHY, POSNER, and FLAUM, Circuit Judges.


POSNER, Circuit Judge.

We are asked to decide whether this products liability suit, which arises under the diversity jurisdiction, is barred by the "economic loss" doctrine. Rardin v. T & D Machine Handling, Inc., 890 F.2d 24 (7th Cir.1989). The parties agree that Wisconsin law governs. The plaintiffs, Mr. and Mrs. Miller, own an office building in Milwaukee, consisting of an original...

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