REXAM BEVERAGE CAN CO. v. BOLGER

Nos. 08-3403, 09-2071.

620 F.3d 718 (2010)

REXAM BEVERAGE CAN COMPANY, Plaintiff-Appellant, v. David F. BOLGER, as Trustee of the David F. Bolger Revocable Trust, and City of Fayette, Iowa, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2010.


Attorney(s) appearing for the Case

Adam J. Glazer , Schoenberg, Fisher, Newman & Rosenberg, Chicago, IL, James P. McLoughlin (argued), Moore & Van Allen, PLLC, Charlotte, NC, for Plaintiff-Appellant.

Anthony E. Dowell (argued), Dowell Baker, P.C., Lafayette, IN, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and MANION and TINDER, Circuit Judges.


TINDER, Circuit Judge.

This commercial landlord-tenant dispute involves a tenant who overstayed its welcome at a warehouse with a leaky roof, the replacement of which both landlord and tenant deny is their responsibility. After the tenant filed an action for declaratory judgment against the landlord, the landlord counter-claimed on several Illinois state law grounds. The district court, sitting in diversity, ruled in the landlord's favor and found the tenant liable...

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