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COOPER POWER SYSTEMS v. UNION CARBIDE & PLASTICS CO.

Nos. 95-3083, 95-3084.

123 F.3d 675 (1997)

COOPER POWER SYSTEMS, INCORPORATED, Plaintiff-Appellant, v. UNION CARBIDE CHEMICALS & PLASTICS COMPANY, INCORPORATED, a New York corporation, Defendant-Appellee. PREMIUM FINISHES, INCORPORATED, Plaintiff-Appellant, v. UNION CARBIDE CHEMICALS & PLASTICS COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 1997.

Attorney(s) appearing for the Case

J. Ric Gass (argued), Ralph A. Weber, Sandra L. Botcher, Kravit, Gass & Weber, Milwaukee, WI, for Plaintiff-Appellant Cooper Power Systems, Inc.

Michael G. McCarty, Nancy J. Sennett, Foley & Lardner, Milwaukee, WI, Gregory A. Lalim, William C. Heck, Kevin J. Walsh (argued), Neil Merkl, Kelley, Drye & Warren, New York City, Robert A. Bunda, Bunda, Stutz & Dewitt, Toledo, OH, for Defendant-Appellee.

Francis H. LoCoco, Mitchell S. Moser, Quarles & Brady, Milwaukee, WI, Samuel J. Najim (argued), Robert P. Ducatman, Jones, Day, Reavis & Pogue, Cleveland, OH, Leo J. Breslin, Lindhorst & Dreidame, Cincinnati, OH, for Plaintiff-Appellant Premium Finishes, Inc.

Before CUMMINGS, EASTERBROOK and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Premium Finishes, Incorporated ("PFI") purchased a resin from Union Carbide Chemicals & Plastics Company, Incorporated ("Carbide") in order to manufacture a paint that PFI then sold to Cooper Power Systems, Incorporated ("Cooper"). Cooper incurred substantial costs when the paint failed after it was used to coat thousands of electrical transformers. Cooper sued PFI and Carbide to recover its costs alleging several state law theories. PFI...

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