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EMPIRE BUCKET, INC. v. CONTRACTORS CARGO CO.

No. 13-2452.

739 F.3d 1068 (2014)

EMPIRE BUCKET, INC., Plaintiff-Appellee, v. CONTRACTORS CARGO COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 15, 2014.

Attorney(s) appearing for the Case

Kent I. Carnell , Lawton & Cates, Madison, WI, for Plaintiff-Appellee.

George S. Peek , Crivello Carlson, S.C., Milwaukee, WI, for Defendant-Appellant.

Before BAUER, MANION, and ROVNER, Circuit Judges.

MANION, Circuit Judge.

Contractors Cargo Company engaged Empire Bucket, Inc., to fabricate a steel railcar deck. After the deck fractured, Contractors Cargo refused to pay the full purchase price and Empire Bucket sued for breach of the contract. Contractors Cargo countersued for breaches of the contract, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose. Prior to trial, the district court granted Empire Bucket's...

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