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EMERALD INVESTMENTS v. ALLMERICA FIN. LIFE INS.

Nos. 07-1597, 07-1501.

516 F.3d 612 (2008)

EMERALD INVESTMENTS LIMITED PARTNERSHIP, et al., Plaintiffs-Appellees/Cross-Appellants, v. ALLMERICA FINANCIAL LIFE INSURANCE AND ANNUITY CO., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 2008.

Attorney(s) appearing for the Case

Charles S. Bergen, Grippo & Elden, Chicago, IL, for Plaintiffs-Appellees/Cross-Appellants.

Alan S. Gilbert, Sonnenschein, Nath & Rosenthal, Chicago, IL, for Defendant-Appellant/Cross-Appellee.

Before POSNER, WOOD, and SYKES, Circuit Judges.

POSNER, Circuit Judge.

Emerald, the plaintiff in this diversity suit (governed by Illinois law) for breach of contract, obtained a verdict and judgment for $1.1 million against the defendant, Allmerica. Allmerica contends that Emerald should not have been awarded any damages apart from the cost of a $150,000 surrender fee discussed later in this opinion. Emerald, cross-appealing, wants greater damages than the jury awarded; but on the view we take of the case, the...

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