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BETACO, INC. v. CESSNA AIRCRAFT CO.

No. 95-1727.

103 F.3d 1281 (1996)

BETACO, INC., Plaintiff-Appellee, v. The CESSNA AIRCRAFT COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1996.

Attorney(s) appearing for the Case

Brian T. Hunt, J.C. Buehler (argued), Indianapolis, IN, for Betaco, Inc.

Robert W. Wright, Stephen L. Vaughan (argued), Jeffrey R. Gaither, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, for Cessna Aircraft Co.

Before FLAUM and ROVNER, Circuit Judges, and WILLIAMS, District Judge.

ILANA DIAMOND ROVNER, Circuit Judge.

Betaco, Inc. agreed to purchase a six-passenger CitationJet from the Cessna Aircraft Company for $2.495 million. After making deposits totaling $150,000 toward the purchase of the aircraft, Betaco decided that the anticipated range of the plane was unsatisfactory and canceled the contract. Cessna, invoking a contractual provision entitling it to keep deposits as liquidated damages in the event of cancellation, refused to return...

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