ROBERTS & SCHAEFER CO. v. MERIT CONTRACTING, INC.

No. 95-3573.

99 F.3d 248 (1996)

ROBERTS & SCHAEFER COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. MERIT CONTRACTING, INCORPORATED, a Pennsylvania Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1996.

Rehearing Denied November 21, 1996.


Attorney(s) appearing for the Case

Robert J. Franco, II, Linda Urbanik Johnson (argued), Bollinger, Ruberry & Garvey, Chicago, IL, for Plaintiff-Appellant.

Stephen R. Swofford, Lawrence L. Moelmann (argued), Hinshaw & Culbertson, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and CUMMINGS and COFFEY, Circuit Judges.


COFFEY, Circuit Judge.

Plaintiff-appellant Roberts & Schaefer Company ("R & S") sued defendant-appellee Merit Contracting, Inc. ("Merit") in the Circuit Court of Cook County, Illinois, claiming that Merit had breached its construction subcontract with R & S. Merit removed the case to federal district court on the basis of diversity of citizenship. 28 U.S.C. §§ 1332, 1441. Merit then filed a motion to dismiss or, in the alternative, to transfer...

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