SMITH v. DUFFEY

No. 08-2804.

576 F.3d 336 (2009)

Jack V. SMITH, Plaintiff-Appellant, v. John M. DUFFEY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 2009.


Attorney(s) appearing for the Case

Norman J. Lerum, Attorney (argued), Chicago, IL, for Plaintiff-Appellant.

Michael J. Silverman (argued), Duane Morris LLP, Chicago, IL, for Defendants-Appellees.

Before CUDAHY, POSNER and KANNE, Circuit Judges.


POSNER, Circuit Judge.

Jack Smith appeals from the dismissal, for failure to state a claim, of his diversity suit for fraud. Fed.R.Civ.P. 12(b)(6). The parties disagree on whether Illinois or North Carolina law governs the substantive issues, but as nothing turns on the dispute, because there is no material difference between the relevant laws of the two states, we ignore it.

In 1999 Smith sold a controlling interest in his medical-testing company, together...

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