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McMAHON FOOD CORP. v. BURGER DAIRY CO.

No. 95-3974.

103 F.3d 1307 (1996)

McMAHON FOOD CORP., Plaintiff and Counterdefendant-Appellant, v. BURGER DAIRY CO., Defendant and Counterplaintiff-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1996.

Rehearing Denied February 19, 1997.

Attorney(s) appearing for the Case

John J. Lynch, John B. Murnighan (argued), Brittain, Sledz, Morris & Slovak, Chicago, IL, for Plaintiff-Appellant.

William J. Barrett (argued), Gardner, Carton & Douglas, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, COFFEY, and FLAUM, Circuit Judges.

COFFEY, Circuit Judge.

Burger Dairy Company ("Burger") and McMahon Food Corporation ("MFC") were involved in a contract dispute over milk products that Burger sold to MFC, as well as credits for empty milk cases that MFC returned. MFC brought a declaratory judgment action against Burger, asserting that it effected an accord and satisfaction of its debt by tendering two checks with attached vouchers, one marked "payment in full through 6/6/92," the other marked, "paid...

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