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VIGORTONE AG PRODUCTS v. PM AG PRODUCTS

Nos. 01-4029, 01-4073, 02-1071, 02-1171.

316 F.3d 641 (2002)

VIGORTONE AG PRODUCTS, INC., formerly known as Provimi Acquisition Corporation, Plaintiff-Appellee, Cross-Appellant, v. PM AG PRODUCTS, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 2002.

Rehearing Denied January 2, 2003.

Attorney(s) appearing for the Case

Constantine L. Trela (argued), Thomas K. Cauley, Jr., Sidley Austin Brown & Wood, Chicago, IL, for Plaintiff-Appellant.

Terrence M. Grimm (argued), Winston & Strawn, Chicago, IL, for Defendant-Appellant.

Before BAUER, POSNER, and RIPPLE, Circuit Judges.

POSNER, Circuit Judge.

This diversity suit charges fraud and breach of contract in the sale of Vigortone, a manufacturer of "swine premix," a vitamin- and mineral-enriched food supplement for pigs. The fraud claim is governed by Illinois law; the contract claim is governed by Delaware law by virtue of a choice of law provision in the contract.

Vigortone was a subsidiary of an animal-nutrition business called PM AG...

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