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JOSEPH v. ELAN MOTORSPORTS TECHNOLOGIES RACING

No. 10-1420.

638 F.3d 555 (2011)

Rex M. JOSEPH, Jr., trustee of the bankruptcy estate of Timothy Wardrop, Plaintiff-Appellant, v. ELAN MOTORSPORTS TECHNOLOGIES RACING CORP., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 14, 2011.

Rehearing Denied March 31, 2011.

Attorney(s) appearing for the Case

James R. Fisher (argued), Miller & Fisher, Indianapolis, IN, for Plaintiff-Appellant.

Thomas A. Brodnik (argued), Doninger Tuohy & Bailey LLP, Indianapolis, IN, for Defendant-Appellee.

Before POSNER and WOOD, Circuit Judges, and ADELMAN, District Judge.

POSNER, Circuit Judge.

Timothy Wardrop filed suit in an Indiana state court more than seven years ago against Elan Motorsports Technologies Racing Corp., which for reasons that will shortly become clear we'll call "Elan Corp." The suit charged breach of a written employment contract (plus an oral commission contract that we can ignore). There moved the case to federal district court under the diversity jurisdiction. The written contract states that the parties are...

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