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EASTERN ELEC. APPARATUS v. JEFFERSON SMURFIT CORP.

No. 93-3634.

29 F.3d 306 (1994)

EASTERN ELECTRIC APPARATUS REPAIR CO., INC., Plaintiff-Appellee, v. JEFFERSON SMURFIT CORP., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

Mary M. Bonacorsi, Thompson & Mitchell, St. Louis, MO, William H. Hughes, Jr. (argued), Robert L. Crewdson, Alston & Bird, Atlanta, GA, for plaintiff-appellee.

Robert G. Raleigh, Hoagland, Fitzgerald, Smith & Pranaitis, Alton, IL, William H. Stanhope (argued), Lisa L. Heller, Robins, Kaplan, Miller & Ciresi, Atlanta, GA, for defendant-appellant.

Before CUMMINGS and RIPPLE, Circuit Judges, and CRABB, Chief District Judge.

CUMMINGS, Circuit Judge.

In late April 1991, a turbine generator used by Jefferson Smurfit Corp. ("Smurfit") at its container board plant in Alton, Illinois, was severely damaged. In early May 1991, Eastern Electric Apparatus Repair Company, Inc. ("Eastern Electric") agreed to repair the damaged turbine for $288,500. Eastern Electric agreed to begin work on May 10, 1991, and to have the generator ready for use by June 25, 1991.

In order to encourage timely...

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