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FOSKETT v. GREAT WOLF RESORTS, INC.

No. 07-2209.

518 F.3d 518 (2008)

James J. FOSKETT, Mary C. Foskett and Physicians' Benefits Trust Life Insurance Co., Plaintiffs, v. GREAT WOLF RESORTS, INC., Great Bear Lodge of Wisconsin Dells, LLC and Great Lakes Services, LLC, Defendants/Third-Party Plaintiffs-Appellees, v. Black Wolf Lodge, LLC, Tall Pines Rental, LLC, n/k/a J & A Real Estate Venture, LLC, Tall Pines Realty, LLC, et al., Third-Party Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 5, 2008.

Attorney(s) appearing for the Case

Jan Ohlander, Reno & Zahm, Rockford, IL, Polly M. Haley, Lawrence & Russell, Memphis, TN, for Plaintiffs.

Mary C. Turke, John N. Giftos (argued), Michael Best & Friedrich, Madison, WI, for Defendants/Third-Party Plaintiffs-Appellee.

William M. Conley (argued), Foley & Lardner, Madison, WI, Hannah L. Renfro, Godfrey & Kahn, Madison, WI, for Third-Party Defendants-Appellants.

Before EASTERBROOK, Chief Judge, and CUDAHY and RIPPLE, Circuit Judges.

CUDAHY, Circuit Judge.

This case emerges from the sale of a Wisconsin water park by Black Wolf Lodge, LLC (Black Wolf), Tall Pines Rental, LLC, Tall Pines Realty, LLC and Tall Pines Development of Wisconsin Dells, LLC (collectively, Sellers) to Great Bear Lodge of Wisconsin Dells, LLC (Buyer).1 The asset purchase agreement for the transaction required the Sellers to indemnify the Buyer against...

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