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MAS CAPITAL v. BIODELIVERY SCIENCES INTERN.

No. 07-3138.

524 F.3d 831 (2008)

MAS CAPITAL, INC., Plaintiff-Appellant, v. BIODELIVERY SCIENCES INTERNATIONAL, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 1, 2008.

Attorney(s) appearing for the Case

Steven R. Merican (argued), Woodridge, IL, for Plaintiff-Appellant.

Patrick A. Shoulders, Jean M. Blanton (argued), Ziemer, Stayman, Weitzel & Shoulders, Evansville, IN, for Defendant-Appellee.

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

EASTERBROOK, Chief Judge.

MAS Capital filed suit in a state court to collect what it says is due for services rendered to Biodelivery Sciences, which removed the proceeding to federal court under the diversity jurisdiction. The district court granted summary judgment for Biodelivery, ruling that the suit is barred by a release. 2006 WL 2472744, 2006 U.S. DIST. LEXIS 60928 (S.D.Ind. Aug. 25, 2006). Before we can address that question, we must decide whether the controversy...

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