HERZOG CONTRACTING CORP. v. McGOWEN CORP.

No. 91-2896.

976 F.2d 1062 (1992)

HERZOG CONTRACTING CORPORATION, Plaintiff-Appellee, v. McGOWEN CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 1, 1992.


Attorney(s) appearing for the Case

John C. Trimble, Lewis, Bowman, St. Clair & Wagner, Indianapolis, Ind. and Jeffrey B. Davison (argued), and Steven L. Stevenson, Liles, Davison, Stevenson & Davis, St. Joseph, Mo., for plaintiff-appellee.

Cheryl M. Knodle, Michael J. Stapleton (argued) and Warren N. Eggleston, Ball, Eggleston, Bumbleburg & McBride, Lafayette, Ind., for defendant-appellant.

Before POSNER and KANNE, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.


POSNER, Circuit Judge.

The district judge granted summary judgment in favor of Herzog Contracting Corporation in its diversity suit to enforce two promissory notes, aggregating $400,000, against the issuer, McGowen Corporation. The appeal raises a tangle of jurisdictional and substantive questions, the latter governed, the parties agree, by Indiana law.

The district court's original judgment order (see Fed.R.Civ.P. 58), entered on June 28 of last year, merely...

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