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BURNS PHILP FOOD v. CAVALEA CONTINENTAL FREIGHT

Nos. 97-2557, 97-2737.

135 F.3d 526 (1998)

BURNS PHILP FOOD, INC., Plaintiff-Appellee, Cross-Appellant, v. CAVALEA CONTINENTAL FREIGHT, INC., et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 1998.

Attorney(s) appearing for the Case

Daniel J. Voelker (argued), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for Burns Philip Food, Incorporated.

William D. O'Donaghue, Chicago, IL, J. Reed Millsaps (argued), Northbrook, IL, for Cavalea Continental Freight, Inc., Anthony C. Cavalea, III, and Arthur H. Cavalea.

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

EASTERBROOK, Circuit Judge.

Nabisco broke up a tract of industrial real estate in Chicago. Cavalea Continental Freight bought several parcels and Burns Philp Food the remainder. In 1986 real estate records were changed to reflect these transactions, but something went awry. Tax officials treated Burns Philp as the owner of two parcels that Cavalea had purchased, and Burns Philp paid without inquiry or protest. In mid-1993 Burns Philp finally noticed that since 1987...

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