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INTRASTATE PIPING & CONTROLS, INC. v. ROBERT-JAMES SALES, INC.

No. 1-99-2050.

733 N.E.2d 718 (2000)

315 Ill. App.3d 248

248 Ill.Dec. 43

INTRASTATE PIPING & CONTROLS, INC., Plaintiff-Appellant, v. ROBERT-JAMES SALES, INC., and Brisol Metals, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

June 28, 2000.

Attorney(s) appearing for the Case

James E. Mahoney and Andrew L. Platt, Griffith & Jacobson, LLC, Chicago, for Appellant.

Brian D. Gwitt and William F. Savino, Damon & Morey LLP, Buffalo, NY, Kristina L. Thomsen, Daley & Mohan, P.C., Chicago, for Appellee Robert-James Sales, Inc.

Moffatt G. McDonald, Haynsworth, Marion, McKay & Guerard, L.L.P., Greenville, SC, for Appellee Bristol Metals, Inc.

Justice WOLFSON delivered the opinion of the court:

In this case a pipe installation company sued the pipe manufacturer and the "middleman" in the sale for the cost of removing and replacing allegedly defective pipe. The trial court granted summary judgment to both defendants. To determine the rights and responsibilities of the parties we have trekked through the Uniform Commercial Code. We conclude the buyer of the pipe is attempting to walk away from contract provisions...

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