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MARSEILLES HYDRO POWER, LLC v. MARSEILLES LAND & WATER CO.

Nos. 05-2394, 06-1481, 06-2456.

518 F.3d 459 (2008)

MARSEILLES HYDRO POWER, LLC, Plaintiff-Appellee, v. MARSEILLES LAND AND WATER CO., Defendant/Third-Party Plaintiff-Appellant, v. Illinois Power Co., and International Paper Co., Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 28, 2008.

Attorney(s) appearing for the Case

Leonard S. Shifflett (argued), Charles E. Harper, Jr., Quarles & Brady, Chicago, IL, for Plaintiff-Appellee.

Fred R. Harbecke (argued), Chicago, IL, for Defendant/Third-Party Plaintiff-Appellant.

Sean M. Sullivan (argued), Daley & Mohan, Dennis P.W. Johnson (argued), Pugh, Jones, Johnson & Quandt, Chicago, IL, for Third-Party Defendants-Appellees.

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

WOOD, Circuit Judge.

. . . The gaps I mean, No one has seen them made or heard them made, But at spring mending-time we find them there.1

In the spring of 2000, a gap opened in one wall of a water canal in Marseilles, Illinois, causing the wall to collapse partially. This incident gave birth to a long-running dispute between Marseilles Land and Water Company ("the canal company...

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