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INTERNATIONAL PRODUCT. SPECIAL. v. SCHWING AMERICA

No. 07-3632.

580 F.3d 587 (2009)

INTERNATIONAL PRODUCTION SPECIALISTS, INC., Plaintiff-Appellant, v. SCHWING AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2009.

Attorney(s) appearing for the Case

Michael P. Dunn, Attorney (argued), Milwaukee, WI, for Plaintiff-Appellant.

Jonathan P. Schmidt, Attorney (argued), Jeffrey F. Shaw, Attorney Briggs & Morgan, Minneapolis, MN, for Defendant-Appellee.

Before FLAUM, ROVNER and WILLIAMS, Circuit Judges.

ROVNER, Circuit Judge.

International Production Specialists, Inc. (IPS) entered into a contract with Schwing America, Inc. (Schwing) to make and install five silos to store and treat sludge at a wastewater treatment plant owned by the general contractor, North Shore Sanitary District (NSSD). Initially IPS's piece of the process was to take about eight months. After several years of delays — some attributable to NSSD, some to IPS, and some to events beyond anyone...

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