DAWN EQUIP. CO. v. MICRO-TRAK SYSTEMS, INC.

No. 98-2010.

186 F.3d 981 (1999)

DAWN EQUIPMENT COMPANY, Plaintiff-Counterclaim Defendant-Appellee, and James H. Bassett, Counterclaim Defendant-Appellee, v. MICRO-TRAK SYSTEMS, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1999.


Attorney(s) appearing for the Case

Patrick M. Kinnally, Edward Foote (argued), Murphy, Hupp, Foote, Mielke & Kinnally, Aurora, IL, for Dawn Equipment Company and James H. Bassett.

Gregory E. Barrett, Schlueter, Ecklund, Olson, Barrett & Mayfield, Rockford, IL; Theodore R. Plunkett, Daniel W. McDonald (argued), Merchant, Gould, Smith, Edell, Welter & Schmidt, Minneapolis, MN, for Micro-Trak Systems, Incorporated.

Before COFFEY, ROVNER and DIANE P. WOOD, Circuit Judges.


ILANA DIAMOND ROVNER, Circuit Judge.

This diversity case might have been avoided had the parties taken more pains with drafting the contract here in dispute. Dawn Equipment Company ("Dawn"), a Minnesota corporation, sold Micro-Trak Systems, Inc. ("Micro-Trak"), an Illinois corporation, a patent for a device called a "Harvestyield," an invention designed to measure the flow of grain through a combine while "on the go" or while...

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