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ABBOTT LABORATORIES v. ALPHA THERAPEUTIC CORP.

No. 98-1325.

164 F.3d 385 (1999)

ABBOTT LABORATORIES, an Illinois corporation, Plaintiff-Appellant, v. ALPHA THERAPEUTIC CORPORATION, a California corporation, and Green Cross Corporation, a Japanese corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 11, 1999.

Attorney(s) appearing for the Case

Terry M. Grimm (argued), Kimball R. Anderson, Raymond C. Perkins, Anne Davis Cartwright, Winston & Strawn, Chicago, IL, Sharon E. Jones, Abbott Laboratories Office of the General Counsel, Abbott Park, IL, for plaintiff-appellant.

Lindley J. Brenza (argued), Bartlit, Beck, Herman, Palenchar & Scott, Chicago, IL, for Defendant-Appellee.

Before COFFEY, ROVNER, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Through a lengthy series of negotiations, Alpha Therapeutic and its parent, Green Cross, attempted to amicably settle their contract indemnification claims against Abbott Labs. When the negotiations broke down, Abbott filed this diversity action for declaratory relief, asking the district court to find that two letters between Abbott's lawyer and Alpha's lawyer constituted a binding settlement agreement. The parties filed opposing...

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