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COSGROVE v. BARTOLOTTA

Nos. 97-2903, 97-3023 and 97-3322.

150 F.3d 729 (1998)

Barry C. COSGROVE, Plaintiff-Appellant, Cross-Appellee, v. Joseph BARTOLOTTA and Mary-Bart, LLC, doing business as Bartolotta's Lake Park Bistro, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1998.

Attorney(s) appearing for the Case

Maureen A. McGinnity, Michael J. Aprahamian (argued), Foley & Lardner, Milwaukee, WI, for Plaintiff-Appellant in Nos. 97-2903 & 97-3023.

Michael J. Aprahamian (argued), Foley & Lardner, Milwaukee, WI, for Plaintiff-Appellant in No. 97-3322.

Kathryn A. Keppel, Patrick J. Knight (argued), Gimbel, Reilly, Guerin & Brown, Milwaukee, WI, for Defendants-Appellees.

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

POSNER, Chief Judge.

A jury awarded the plaintiff damages of $135,000 in a diversity suit governed by Wisconsin law. The damages were broken down as follows: $117,000 for promissory estoppel, $1,000 for misrepresentation, and $17,000 for unjust enrichment. In response to the defendants' motion under Fed.R.Civ.P. 59(e) to alter or amend the judgment, the judge rendered judgment for the defendants on the promissory estoppel claim on the ground that the plaintiff had...

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