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L.S. HEATH & SON, INC. v. AT & T INFORMATION SYSTEMS, INC.

No. 92-3554.

9 F.3d 561 (1993)

L.S. HEATH & SON, INC., Plaintiff-Appellant, v. AT & T INFORMATION SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 1993.

As Amended on Denial of Rehearing December 8, 1993.

Attorney(s) appearing for the Case

Irving S. Capitel, Myron E. Siegel, T. Gregory Mieczynski (argued), Siegel, Lynn & Capitel, Northbrook, IL, Theodore J. MacDonald, Jr., James W. McConkey, Burroughs, Hepler, Broom, MacDonald & Hebrank, Edwardsville, IL, for plaintiff-appellant.

Kenneth J. Mallin, Bruce D. Ryder, Louis F. Bonacorsi (argued), Ketrina G. Bakewell, Veronica A. Gioia, Coburn & Croft, St. Louis, MO, Peter A. Zamis, Gary L. Taylor, Rathje, Woodward, Dyer & Hurt, Wheaton, IL, for defendant-appellee.

Before BAUER, CUDAHY and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

L.S. Heath & Sons (Heath) brought this action against AT & T Information Systems (AT & T) alleging, inter alia, that AT & T breached implied and express warranties and committed common-law and statutory fraud in the sale of a computer network. The suit was removed to federal court and AT & T counterclaimed on the contract. The district court granted summary judgment in favor of AT & T on its counterclaims and subsequently...

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