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DYNEGY MARKETING AND TRADE v. MULTIUT CORP.

No. 10-2811.

648 F.3d 506 (2011)

DYNEGY MARKETING AND TRADE, a Colorado Partnership, Plaintiff-Appellee, v. MULTIUT CORPORATION, an Illinois Corporation, and Nachshon Draiman, an Illinois Resident, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 2011.

Attorney(s) appearing for the Case

Barry S. Hyman (argued), Attorney, Schiff Hardin LLP, Chicago, IL, for Plaintiff-Appellee.

Joseph E. Tighe (argued), Attorney, Latimer Levay Jurasek, Chicago, IL, for Defendants-Appellants.

Before KANNE and TINDER, Circuit Judges, and HERNDON, District Judge.

TINDER, Circuit Judge.

The relationship between Dynegy Marketing and Trade ("Dynegy"), a natural gas supplier, and Multiut Corporation, a natural gas distributor headed by Nachshon Draiman, has become as volatile as the commodity in which they once dealt. Dynegy and Multiut adhered to their written contract for a time, but their relationship unraveled in the face of a failed acquisition, several million dollars' worth of unpaid invoices, and frequent disputes over...

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