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TO-AM EQUIPMENT CO., INC. v. MITSUBISHI CATERPILLAR FORKLIFT AMERICA

No. 97-1395.

152 F.3d 658 (1998)

TO-AM EQUIPMENT CO., INC., Plaintiff-Appellee, v. MITSUBISHI CATERPILLAR FORKLIFT AMERICA, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1998.

Rehearing and Suggestion for Rehearing Denied August 31, 1998.

Attorney(s) appearing for the Case

Gary W. Leydig (argued), Robin L. Hoberman, Levin McParland, Phillips, Leydig & Haberkorn, Chicago, IL, for plaintiff-appellee.

Stacy Lee Prange, McBride, Baker & Coles, Chicago, IL, David E. Zajicek, McBride, Baker & Coles, Oakbrook Terrace, IL, Kenneth G. Cole, Thomas J. Collin (argued), Kristin M. Ehlers, Thompson, Hine & Flory, Cleveland, OH, for defendant-appellant.

Before POSNER, Chief Judge, and ROVNER and DIANE P. WOOD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 31, 1998.*

DIANE P. WOOD, Circuit Judge.

Legal terms often have specialized meanings that can surprise even a sophisticated party. The term "franchise," or its derivative "franchisee," is one of those words. The question in this case is whether the district court correctly ruled that certain payments that To-Am Equipment Company...

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