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PERRY R. PENNINGTON CO. v. T.R. MILLER CO., INC.

No. 92-2589.

994 F.2d 390 (1993)

PERRY R. PENNINGTON COMPANY, an Illinois corporation, Plaintiff-Appellant, v. T.R. MILLER COMPANY, INCORPORATED, an Alabama corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 28, 1993.

Attorney(s) appearing for the Case

Donald B. Garvey, Raymond E. Rossi (argued), Charles Kent Frederick, Bishop, Rossi, Garvey & Scarlati, Oak Brook, IL, for plaintiff-appellant.

Norman J. Lerum, Chicago, IL (argued), for defendant-appellee.

Before COFFEY and EASTERBROOK, Circuit Judges, and LAY, Senior Circuit Judge.

COFFEY, Circuit Judge.

Perry R. Pennington Company ("Pennington") sued T.R. Miller Mill Company ("Miller") in Illinois state court for breach of an oral contract. According to Pennington, under this agreement Pennington acted as a broker for Miller in obtaining orders for wooden utility poles from Commonwealth Edison Company ("Commonwealth"). In exchange, Miller paid Pennington a commission in the amount of 4% of Miller's total sales to Commonwealth. Pennington alleged...

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