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J.S. SWEET CO., INC. v. SIKA CHEMICAL CORP.

No. 04-2871.

400 F.3d 1028 (2005)

J.S. SWEET COMPANY, INCORPORATED, Plaintiff-Appellant, v. SIKA CHEMICAL CORPORATION, also known as Sika Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 2005.

Attorney(s) appearing for the Case

David P. Murphy (argued), Greenfield, IN, for Plaintiff-Appellant.

John R. Maley (argued), Barnes & Thornburg, Indianapolis, IN, for Defendant-Appellee.

Before FLAUM, Chief Judge, and EASTERBROOK and WOOD, Circuit Judges.

FLAUM, Chief Judge.

J.S. Sweet Company, Inc. ("J.S.Sweet") brought this diversity suit against Sika Chemical Corp. ("Sika"), alleging that defendant committed the tort of spoliation of evidence by failing to preserve materials relevant to a lawsuit between J.S. Sweet and one of its customers. Plaintiff also sued for breach of contract. The district court granted summary judgment on both counts, and Sweet appealed. We hold that Sika had no duty to preserve the evidence...

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