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HORBACH v. KACZMAREK

No. 99-3102.

288 F.3d 969 (2002)

Eugene HORBACH, individually and as assignee of Tyrree Corporation, a dissolved Illinois corporation, and Eugene Horbach, on behalf of Tyrree Corporation, a dissolved Illinois corporation, Plaintiff-Appellant, v. Alvis KACZMAREK and One Three Six, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 30, 2002.

Attorney(s) appearing for the Case

William J. Harte (argued), Harte & Assoc., Chicago, IL, for Plaintiff-Appellant.

Patrick M. Loftus (argued), Addison, IL, for Defendants-Appellees.

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

ILANA DIAMOND ROVNER, Circuit Judge.

In 1989, TyrRee Corporation agreed to purchase a tire pyrolysis system (a series of machines that shred, heat, and convert old tires into commercially viable by-products) from Shred Pax Corporation. TyrRee allegedly paid Shred Pax more than $1.7 million for the assembly and storage of the machinery but ultimately did not accept delivery, concluding that it had not gotten what it had paid...

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