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HM HOLDINGS, INCORPORATED v. RANKIN

No. 94-3533.

72 F.3d 562 (1995)

HM HOLDINGS, INCORPORATED, Plaintiff-Appellee, v. Sharyn L. RANKIN, as Personal Representative of the Estate of Robert S. Rankin, Deceased, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

December 22, 1995.

Attorney(s) appearing for the Case

Gerald B. Lurie (Submitted), Janice Duban, Rudnick & Wolfe, Chicago, IL, Daniel W. Glavin, Andrew J. Fetsch, Beckman, Kelly & Smith, Hammond, IN, for Plaintiff-Appellee.

William J. Moran, Leonard M. Holajter, Blackmun, Bomberger & Moran, Highland, IN, for Defendant-Appellant.

Before CUMMINGS, FLAUM and MANION, Circuit Judges.

On Petition for Rehearing En Banc

PER CURIAM.

In her original appeal to this Court, Rankin argued first that the presence of contamination on land her late husband had purchased prevented him from receiving "merchantable title" and, second, that the "AS IS, WHERE IS" clause in the real estate contract was not a proper defense to her fraud claim, which was also based on the presence of contamination. In an opinion dated November 14, 1995, we concluded that...

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