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IN RE MIDWAY AIRLINES, INC.

No. 03-3337.

383 F.3d 663 (2004)

In Re: MIDWAY AIRLINES, INC., Midway Airlines (1987) and Midway Aircraft Engineering, Inc. Debtors-Appellees. Monarch Air Service, Inc., Defendant-Appellant, v. Sheldon L. Solow, Trustee, Plaintiff-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 2004.

Attorney(s) appearing for the Case

Arthur G. Jaros, Jr. (argued), Richter & Jaros, Oak Brook, IL, for Appellant.

Richard G. Smolev (argued), Kaye Scholer, New York, NY, for Trustee-Appellee.

Before CUDAHY, COFFEY and ROVNER, Circuit Judges.

CUDAHY, Circuit Judge.

Unfortunately lacking a crystal ball, in August 1990, defendant Monarch Air Service, Inc. (Monarch) entered into an agreement with Midway Airlines, Inc. (Midway) to provide fueling services for Midway's aircraft. These services included, among other things, the management of Midway's fuel storage tank farm. By March 1991, Midway and two related entities, Midway Airlines (1987) (Midway 1987) and Midway Aircraft Engineering, Inc. (Midway Engineering...

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