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KOKOMO TUBE CO. v. DAYTON EQUIPMENT SERVICES CO.

No. 96-2993.

123 F.3d 616 (1997)

KOKOMO TUBE COMPANY, a unit of Ultra-Cast, Incorporated, Plaintiff-Appellant, v. DAYTON EQUIPMENT SERVICES COMPANY, Defendant-Appellee. DAYTON EQUIPMENT SERVICES COMPANY, Plaintiff-Appellee, v. TRIPLE S HOLDINGS, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1997.

Attorney(s) appearing for the Case

Jeffrey D. Spilman, Detroit, MI, for Plaintiff-Appellant.

Robert J. Palmer (argued), E. Spencer Walton, Jr., May, Oberfell & Lorber, South Bend, IN, for Defendant-Appellant.

Timothy W. Woods (argued), Thomas F. Lewis, Jr., Jones, Obenchain, Ford, Pankow, Lewis & Woods, South Bend, IN, for Defendant-Appellee.

Before BAUER, WOOD, Jr., and ROVNER, Circuit Judges.

BAUER, Circuit Judge.

Claiming consequential damages stemming from a static cast line not being installed in time for its factory's open house, Kokomo Tube Company brought a breach of contract action against the contractor for the job, Dayton Equipment Services Company. Dayton was not paid all that it charged Kokomo Tube for the project, so it, in turn, filed a counterclaim alleging breach of contract by Kokomo Tube. Dayton had also recorded a mechanic's lien on the...

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