CUNNINGHAM v. MASTERWEAR CORP.

No. 08-1924.

569 F.3d 673 (2009)

Billy J. CUNNINGHAM and Mary Ann Cunningham, Plaintiffs-Appellants, v. MASTERWEAR CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 23, 2009.


Attorney(s) appearing for the Case

Ronald J. Waicukauski (argued), Price Waicukauski Riley & Debrota, Indianapolis, IN, for Plaintiffs-Appellants.

Bruce L. Kamplain (argued), Norris, Choplin & Schroeder, Indianapolis, IN, for Defendants-Appellees.

Before POSNER, MANION, and KANNE, Circuit Judges.


POSNER, Circuit Judge.

The plaintiffs, a couple named Cunningham, appeal from the dismissal, on the defendants' motion for summary judgment, of a suit for common law nuisance. Jurisdiction is founded on diversity of citizenship. Indiana law would govern the substantive issues if there were any—but the only issues presented by the appeal are procedural.

From 1986 to the beginning of 2004, the plaintiffs operated a photographic studio in Martinsville...

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