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RODMAN INDUSTRIES, INC. v. G & S MILL, INC.

No. 97-3525.

145 F.3d 940 (1998)

RODMAN INDUSTRIES, INC., Plaintiff-Appellant, v. G & S MILL, INC., and Liberty Mutual Insurance Co., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 28, 1998.

Attorney(s) appearing for the Case

Paul E. Benson (argued), Michael, Best & Friedrich, Milwaukee, WI, for Rodman Industries, Inc.

Vicki L. Arrowood (argued), Kasdorf, Lewis & Swietlik, Milwaukee, WI, Charles J. O'Malley, Johnson, O'Malley & Harvey, Boston, MA, for G & S Mill, Inc.

Vicki L. Arrowood, James M. Ryan, Kasdorf, Lewis & Swietlik, Milwaukee, WI, for Liberty Mutual Insurance Company.

Before BAUER, FLAUM, and DIANE P. WOOD, Circuit Judges.

FLAUM, Circuit Judge.

Rodman Industries (Rodman) hired G & S Mill, Inc. (GSM) to retrofit the exhaust system on its boiler to bring it into compliance with Wisconsin's environmental emissions standards. The boiler is used to incinerate dust and other waste generated by Rodman's particleboard manufacturing business. Despite contractual guarantees by GSM to bring the boiler into compliance, as well as extended delays while...

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