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EDWARD E. GILLEN CO. v. CITY OF LAKE FOREST

No. 92-2206.

3 F.3d 192 (1993)

EDWARD E. GILLEN COMPANY, a Wisconsin corporation, Plaintiff-Appellant, v. CITY OF LAKE FOREST, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1993.

Attorney(s) appearing for the Case

John A. Busch (argued), Lee J. Geronime, Grant C. Killoran, Michael, Best & Friedrich, Milwaukee, WI, William E. Snyder, Michael, Best & Friedrich, Chicago, IL, for plaintiff-appellant.

David M. Stahl (argued), Bruce Zessar, Sidley & Austin, Chicago, IL, for defendant-appellee.

Before KANNE and ROVNER, Circuit Judges, and REYNOLDS, Senior District Judge.

ILANA DIAMOND ROVNER, Circuit Judge.

Edward E. Gillen Company ("Gillen") brought this diversity suit against the City of Lake Forest, Illinois ("Lake Forest") after Lake Forest refused to pay for unanticipated expenses Gillen had incurred in constructing off-shore breakwaters for a municipal marina. Claiming damages in excess of $850,000, Gillen sought recovery under theories of express and implied warranty, mistake, equitable

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