CHEMSOURCE, INC. v. HUB GROUP, INC.

No. 96-2804.

106 F.3d 1358 (1997)

CHEMSOURCE, INCORPORATED, as Assignee of Pro-Pack, Incorporated, doing business as Barton Chemical Company, Plaintiff-Appellant, v. HUB GROUP, INCORPORATED and Hub City Houston Terminals, Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1997.


Attorney(s) appearing for the Case

Joel H. Steiner (argued), Paul A. Gajewski, Axelrod, Goodman, Steiner & Bazelon, Chicago, IL, for Plaintiff-Appellant.

Christopher T. Sheean, Stephen R. Meinertzhagen, Keck, Mahin & Cate, Chicago, IL, Thomas W. Snyder (argued), Schuyler, Roche & Zwirner, Chicago, IL, James D. Adducci, Adducci, Dorf, Lehner, Mitchell & Blankenship, Chicago, IL, for Defendants-Appellees.

Before FAIRCHILD, CUMMINGS and KANNE, Circuit Judges.


CUMMINGS, Circuit Judge.

On July 15, 1994, Pro-Pack, Inc.* ordered 9,716 gallons of ethylene glycol from Third Coast, a Texas corporation that is a contract blender and packager of antifreeze, brake fluid and lubricants and is located in Friendswood, Texas. On that date Third Coast invoiced Pro-Pack for $17,164.60 and transferred the glycol in its books to Pro-Pack's inventory at Third Coast...

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