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H.B. FULLER CO. v. KINETIC SYSTEMS, INC.

No. 90-2293.

932 F.2d 681 (1991)

H.B. FULLER COMPANY, a Minnesota Corporation, Plaintiff-Appellant, v. KINETIC SYSTEMS, INC., a Wisconsin Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 1991.

Attorney(s) appearing for the Case

George A. Hesik, Willowbrook, Ill., for plaintiff-appellant.

Douglas J. Bornemann, Faegre & Benson, Minneapolis, Minn., Carl E. Gulbrandsen, Richard L. Bolton, Stroud, Stroud, Willink, Thompson & Howard, Madison, Wis., for defendant-appellee.

Before WOOD, Jr., CUDAHY and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

H.B. Fuller ("Fuller"), a manufacturer of building products, purchased a piece of materials handling equipment known as a bag palletizer from Kinetic Systems ("Kinetic"). The palletizer failed to perform to Fuller's satisfaction, and Fuller sued Kinetic, seeking rescission of the sale contract and damages for breach of express and implied warranties. Kinetic counterclaimed for the unpaid balance of the sale price. The district court, sitting...

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