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OKAW DRAINAGE DIST. v. NAT. DISTILLERS & CHEMICAL

No. 95-2377.

96 F.3d 1049 (1996)

OKAW DRAINAGE DISTRICT OF CHAMPAIGN AND DOUGLAS COUNTY, ILLINOIS, a municipal corporation, Plaintiff-Appellee, v. NATIONAL DISTILLERS AND CHEMICAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 27, 1996.

Attorney(s) appearing for the Case

Brian L. McPheters (argued), Hatch, Blockman, McPheters & Lyke, Champaign, IL, for Plaintiff-Appellee.

Harlan Heller, Teresa Kessler Righter, David Stevens (argued), Heller, Holmes & Associates, Mattoon, IL, for Defendant-Appellant.

Before EASTERBROOK, ROVNER and EVANS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

In November 1951, defendant's predecessor, National Petro-Chemicals Corporation,1 contracted with the Okaw Drainage District to maintain its main drainage ditch, a fourteen-mile segment of the Kaskaskia River. The contract was in effect between 1952 and 1987, when it was terminated at National's option.2 The maintenance tasks that...

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