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CHICAGO PRIME PACKERS v. NORTHAM FOOD TRADING

No. 04-2551.

408 F.3d 894 (2005)

CHICAGO PRIME PACKERS, INC., Plaintiff-Appellee, v. NORTHAM FOOD TRADING CO., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 2005.

Attorney(s) appearing for the Case

Travis J. Ketterman (argued), Whitefield & McGann, Chicago, IL, for Plaintiff-Appellant.

Kevin Q. Butler, Condon & Cook, Chicago, IL, Cornelius E. McKnight (argued), McKnight, Kitzinger, McCarty & Pravdic, Chicago, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

Defendant-appellant Northam Food Trading Company ("Northam") contracted with plaintiff-appellee Chicago Prime Packers, Inc. ("Chicago Prime") for the purchase of 40,500 pounds of pork back ribs. Following delivery, Northam refused to pay Chicago Prime the contract price, claiming that the ribs arrived in an "off condition." Chicago Prime filed this diversity action for breach of contract against Northam. Following a bench trial, the district court...

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