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JEPPESEN v. RUST

Nos. 92-3352, 92-3427.

8 F.3d 1235 (1993)

Larry JEPPESEN, Plaintiff-Appellee, Cross-Appellant, v. David RUST and Marcus Rust, Defendants-Appellants, Cross-Appellees, and Rose Acre Farms, Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 1993.

Attorney(s) appearing for the Case

Lee T. Hettinger and Edward Dismukes (argued), Rooks, Pitts & Poust, Chicago, IL, Michael A. Cotteleer, Wheaton, IL, for plaintiff-appellee.

Corinne Finnerty, McConnell & Finnerty, North Vernon, IN, Terrill D. Albright (argued), Stephen H. Paul, Ronald D. Gifford, Baker & Daniels, Indianapolis, IN, Dinah L. Archambeault, Neil T. Goltermann, Charles L. Bretz, Patricia A. Schneider, Spesia & Ayers, Roger D. Rickmon, Herschbach, Tracy, Johnson, Bertani & Wilson, Joliet, IL, for defendants-appellants.

Before EASTERBROOK and MANION, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

EASTERBROOK, Circuit Judge.

In 1985 Rose Acre Farms was the fourth largest egg producer in the United States and growing rapidly. It was building an automated facility in White County, Indiana, housing about 1.5 million hens, and planned to construct similar facilities at the rate of one per year. Rose Acre used conveyer belts to move the eggs directly from chicken to carton, washing, drying, and sorting the eggs by size along the way. Integrated collection and packaging...

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