HK SYSTEMS, INC. v. EATON CORP.

No. 07-3596.

553 F.3d 1086 (2009)

HK SYSTEMS, INC., Plaintiff-Appellant, v. EATON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 2009.


Attorney(s) appearing for the Case

Michael A. Stiegel (argued), Michael Best & Friedrich, Chicago, IL, for Plaintiff-Appellant.

Michael H. King (argued), Dewey & Leboeuf, Chicago, IL, for Defendant-Appellee.

Before POSNER, RIPPLE, and EVANS, Circuit Judges.


POSNER, Circuit Judge.

This is a diversity suit for breach of contract. The substantive issue, one of Wisconsin law, is the scope of an indemnification clause in a contract for the sale of a business. The clause required the seller, defendant Eaton, to indemnify the buyer, plaintiff HK, for all losses resulting from any "misrepresentation," "act or omission," or "occurrence of a matter ... relating to or arising out of the period on or before the Closing Date."

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