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KAISER ALUM. & CHEM. SALES v. PPG INDUSTRIES

No. 94-1071.

42 F.3d 1147 (1994)

KAISER ALUMINUM & CHEMICAL SALES, INC., Plaintiff-Appellant, v. PPG INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 1994.

Rehearing and Suggestion for Rehearing Denied March 21, 1995.

Attorney(s) appearing for the Case

Richard A. Huser, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, Richard M. Knoth (argued), Climaco, Climaco, Seminatore, Lefkowitz & Garofoli, Cleveland, OH, for plaintiff-appellant.

Nicholas C. Nizamoff, William C. Ahrbecker, White & Raub, Indianapolis, IN, James R. Miller (argued), Michael J. Sweeney, Dickie, McCamey & Chilcote, Pittsburgh, PA, for defendant-appellee.

Before CUDAHY, ALARCON, and COFFEY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 21, 1995.*

ALARCON, Senior Circuit Judge.

Midwest Curtainwalls ("Midwest") sued Kaiser Aluminum ("Kaiser") for damages resulting from the delay in erecting a curtainwall facade due to Kaiser's untimely delivery of painted aluminum extrusions. Kaiser settled with Midwest for $500,000. Kaiser then brought this diversity action against PPG Industries ("PPG") seeking reimbursement...

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