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FEHRIBACH v. ERNST & YOUNG LLP

No. 06-3366.

493 F.3d 905 (2007)

Gregory S. FEHRIBACH, Plaintiff-Appellant, v. ERNST & YOUNG LLP, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 2007.

Attorney(s) appearing for the Case

Elliott D. Levin, Rubin & Levin, Indianapolis, IN, Christopher A. Byrne (argued), Washington, DC, for Trustee-Appellant.

James C. Schroeder, Stanley J. Parzen (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, for Appellee.

Before POSNER, KANNE, and ROVNER, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff is the trustee of Taurus Foods, Inc., a small company engaged in the distribution of frozen meats and other foods, which was forced into bankruptcy under Chapter 7 of the Bankruptcy Code by three of its creditors. The suit charges the company's auditor, Ernst & Young, with negligence and breach of contract in failing to include a going-concern qualification in an audit report. The charges are governed by Indiana's Accountancy...

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