OGDEN MARTIN SYSTEMS OF INDIANAPOLIS v. WHITING CORP.

No. 98-2120.

179 F.3d 523 (1999)

OGDEN MARTIN SYSTEMS OF INDIANAPOLIS, INC., Plaintiff-Appellant, v. WHITING CORP., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 1999.


Attorney(s) appearing for the Case

Ronald H. Balson (argued), Kadish & Associates, Chicago, IL, for Plaintiff-Appellant.

Stephen C. Schulte, Stephen V. D'Amore (argued), Winston & Strawn, Chicago, IL, for Defendant-Appellee.

Before COFFEY, RIPPLE, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

Ogden Martin Systems of Indianapolis, Inc., an Indiana corporation, filed suit in federal district court against Whiting Corporation, a Delaware corporation with its principal place of business in Illinois, properly alleging diversity jurisdiction and claiming that Whiting breached a contract to supply two overhead cranes. Whiting moved to dismiss based on its belief that the contract was a transaction involving the sale of goods and, therefore...

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