SCHLUETER v. LATEK

No. 11-3679.

683 F.3d 350 (2012)

John SCHLUETER, Plaintiff-Appellant, v. Edward C. LATEK and Latek Capital Corp., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 6, 2012.


Attorney(s) appearing for the Case

John A. Busch , Adam E. Witkov (argued), Attorneys, Michael Best & Friedrich LLP, Milwaukee, WI, for Plaintiff-Appellant.

Andrew J. Barragry , Andrew J. Wronski (argued), Attorneys, Foley & Lardner LLP, Milwaukee, WI, for Defendants-Appellees.

Before POSNER, ROVNER, and HAMILTON, Circuit Judges.


POSNER, Circuit Judge.

This appeal in a diversity suit presents issues of Wisconsin law, both statutory law and common law. The plaintiff seeks recovery, on a theory of restitution, of a brokerage fee that he paid the defendants. The district court, deeming the parties in pari delicto (equally at fault), granted the defendants' motion to dismiss the complaint for failure to state a claim. The defendants are a corporation...

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