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EQUITY CAPITAL v. KREIDER TRANSP. SERVICE

No. 91-1922.

967 F.2d 249 (1992)

EQUITY CAPITAL CORPORATION, a Delaware Corporation, Individually and as Successor to Kreider Truck Service, Incorporated, a merged Illinois Corporation, Joseph R. Behnken, Individually and as Trustee of the Joseph R. Behnken Revocable Living Trust, and Linda Behnken, Plaintiffs-Appellees, v. KREIDER TRANSPORTATION SERVICE, INCORPORATED, a Texas Corporation, and Western Commercial Transport, Incorporated, a Texas Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1992.

Attorney(s) appearing for the Case

Harry J. Sterling (argued), Sterling, Stanley & Kelley, Fairview Heights, Ill., for plaintiffs-appellees.

Robert Tucker, Evans & Dixon, Edwardsville, Ill., and Mack E. Swindle (argued) and Thomas F. Harkins, Jr., Gandy, Michener, Swindle, Whitaker & Pratt, Ft. Worth, Tex., for defendants-appellants.

Before POSNER, COFFEY, and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Equity Capital Corporation and its principals (together "Equity") brought this diversity suit against Kreider Transportation Service, Inc. and Western Commercial Transport, Inc. (together "Kreider") for breach of contract. The terms of the contract, a sales agreement, provided that Equity would transfer to Kreider the assets of its trucking company, including real and personal property and interstate operating authorities, for approximately ...

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