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COPLAY CEMENT CO., INC. v. WILLIS & PAUL GROUP

Nos. 92-1145, 92-1259 and 92-1284.

983 F.2d 1435 (1993)

COPLAY CEMENT COMPANY, INC., Plaintiff-Appellee/Cross-Appellant, v. WILLIS & PAUL GROUP, Defendant-Appellant, and Cresswell Roll Forming, Inc., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 21, 1993.

Attorney(s) appearing for the Case

Ronald R. Fifer, Stites & Harbison, Jeffersonville, IN, J. Scott Greene, Stites & Harbison, Louisville, KY (argued), Cecile A. Blau, Jeffersonville, IN, for Coplay Cement Co., Inc.

Michael Rosiello (argued), James A. Smith, Barnes & Thornburg, Indianapolis, IN, for Cresswell Roll Forming, Inc.

William P. Donelan (argued), H. Thad White, Jr., Columbia, SC, John W. Doehrman, Jeffersonville, IN, for Willis & Paul Group.

Before POSNER and FLAUM, Circuit Judges, and ZAGEL, District Judge.

POSNER, Circuit Judge.

This diversity suit, though based on an esoteric Indiana statute governing the relations between owners and subcontractors, raises fundamental issues, procedural and contractual, concerning the doctrine of setoff and the distinction between a single contract and multiple contracts. The facts are simple enough. Coplay Cement Company decided to rebuild the electrostatic precipitators at two of its Indiana plants — the plants at Speed and...

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