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MIDWEST GRAIN PRODUCTS v. PRODUCTIZATION

Nos. 99-2958, 99-3050.

228 F.3d 784 (2000)

MIDWEST GRAIN PRODUCTS OF ILLINOIS, INC., Plaintiff-Appellant/Cross-Appellee, v. PRODUCTIZATION, INC. and CMI Corp., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 3, 2000.

Attorney(s) appearing for the Case

Stephen D. Gay (argued), Husch & Eppenberger, Peoria, IL, for Plaintiff-Appellant/Cross-Appellee.

William R. Kelly, Kelly & Brady, Peoria, IL, for Defendant-Appellee/Cross-Appellant Productization, Inc.

John C. Mulgrew, Jr., Heyl, Royster, Voelker & Allen, Peoria, IL, Cary E. Hiltgen (argued), Hiltgen & Brewer, Oklahoma City, OK, for Defendant-Appellee/Cross-Appellant CMI Corporation.

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

DIANE P. WOOD, Circuit Judge.

This case presents a classic contract dispute: A orders a product from B, and B turns to C to manufacture it. When A receives the product, it is not satisfied, and it wants to hold C responsible for the alleged flaws. We must decide whether there is enough evidence of some kind of warranty, either express or as a matter of law, to allow Midwest Grain Products (Company A) to move beyond summary judgment in its action against CMI Corporation...

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