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HOME VALU, INC. v. PEP BOYS

No. 99-1168.

213 F.3d 960 (2000)

HOME VALU, INC., Plaintiff-Appellant, v. PEP BOYS-Manny, Moe and Jack of Delaware, Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 24, 2000.

Attorney(s) appearing for the Case

Joseph R. Cincotta (argued), Schweitzer & Cincotta, Milwaukee, WI, for Plaintiff-Appellant.

Brian W. McGrath (argued), Foley & Lardner, Milwaukee, WI, for Defendant-Appellee.

Before BAUER, FLAUM, and EVANS, Circuit Judges.

BAUER, Circuit Judge.

After a real estate deal fell apart, Home Valu, Inc. sued Pep Boys—Manny, Moe & Jack of Delaware, Inc. for the torts of negligent misrepresentation, strict responsibility misrepresentation, and intentional misrepresentation. Home Valu also brought a breach of contract claim. Exercising jurisdiction over this state law dispute under 28 U.S.C. § 1332, the district court dismissed Home Valu's complaint for failure to state a claim...

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