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HILL'S PET NUTRITION, INC. v. FRU-CON CONST. CORP.

No. 96-1476.

101 F.3d 63 (1996)

HILL'S PET NUTRITION, INC., Plaintiff-Appellee, v. FRU-CON CONSTRUCTION CORPORATION and Fru-Con Engineering Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 21, 1996.

Rehearing and Suggestion for Rehearing Denied January 2, 1997.

Attorney(s) appearing for the Case

Terrill D. Albright, John Joseph Tanner, Baker & Daniels, Indianapolis, IN, Sherman A. Botts, Lathrop & Gage, Kansas City, MO, for Plaintiff-Appellee.

Donald J. Graham, Paul A. Bokota, Bingham, Summers, Welsh & Spilman, Indianapolis, IN, Andrew W. Manuel, Michael E. Wilson, Greensfelder, Hemker & Gale, St. Louis, MO, for Defendants-Appellants.

Before CUMMINGS, BAUER, and EASTERBROOK, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 2, 1997.

EASTERBROOK, Circuit Judge.

Parties who have ongoing business relations can establish a contract even when they have not been able to agree on all terms, and the mirror-image rule applicable to executory agreements therefore has not been satisfied. See Roberts & Schaefer Co. v. Merit Contracting, Inc., 99 F.3d 248 (7th Cir.1996); Restatement...

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