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AMPAT/MIDWEST, INC. v. ILLINOIS TOOL WORKS INC.

Nos. 89-1437, 89-1473.

896 F.2d 1035 (1990)

AMPAT/MIDWEST, INC., Plaintiff-Appellant, Cross-Appellee, v. ILLINOIS TOOL WORKS INC., Defendant-Appellee, Cross-Appellant, and Triangle Fastener Corp., Defendant.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 1990.

Attorney(s) appearing for the Case

James R. Epstein, Robert Zaideman, Jerry A. Esrig (argued), Epstein, Zaideman & Esrig, Mary Ellen Dienes, Chicago, Ill., for AMPAT/Midwest, Inc.

Diane I. Jennings, Daniel I. Schlessinger (argued), Rowe W. Snider, Lord, Bissell & Brook, Chicago, Ill., for Ill. Tool Works, Inc.

Before CUDAHY and POSNER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

POSNER, Circuit Judge.

Before us are the appeal and cross-appeal from a substantial judgment in a diversity suit charging fraud and breach of contract. The plaintiff, AMPAT, a large window and curtainwall contractor operating nationwide, was awarded the subcontract to install the windows in the Onterie Center, a 60-story building in downtown Chicago. A key step in installation is to anchor the window frame to the wall, and for this one needs anchors. "Tapcon" is the...

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