UNION OIL CO. OF CALIFORNIA v. JOHN BROWN E&C

Nos. 96-2782, 96-2840.

121 F.3d 305 (1997)

UNION OIL COMPANY OF CALIFORNIA, a California corporation, Plaintiff-Appellant, Cross-Appellee, v. JOHN BROWN E & C, a Division of John Brown, Incorporated, a Delaware corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1997.


Attorney(s) appearing for the Case

Steven R. McMannon, Douglas C. Crone (argued), Tribler, Orpett, Palmer & Crone, Chicago, IL, for Plaintiff-Appellant, Cross-Appellee.

Diane I. Jennings (argued), William T. Weaver, Stephanie A. Burris, Lord, Bissell & Brook, Chicago, IL, for Defendant-Appellee, Cross-Appellant.

Before BAUER, CUDAHY, and MANION, Circuit Judges.


MANION, Circuit Judge.

Union Oil Company of California ("Unocal") sued John Brown E & C, Inc. ("John Brown") for breach of contract, and various tort law claims. All counts were dismissed except for the breach of contract claim. After the parties consented to proceed before a magistrate judge, John Brown moved for partial summary judgment, arguing that even if it had breached the contract, a limitation of damages clause capped Unocal's damages at $332,000. Unocal...

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