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BITLER INV. VENTURE II v. MARATHON PETROLEUM CO.

No. 12-3722.

741 F.3d 832 (2014)

BITLER INVESTMENT VENTURE II, LLC, et al., Plaintiffs-Appellants, v. MARATHON PETROLEUM COMPANY LP, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 2014.

Attorney(s) appearing for the Case

Frederick DeVaney Emhardt , Attorney, George M. Plews , Attorney, Todd G. Relue , Attorney, Plews, Shadley, Racher & Braun LLP, Indianapolis, IN, for Plaintiffs-Appellants.

Alan S. Brown , Attorney, Darren A. Craig , Attorney, Frost Brown Todd LLC, Indianapolis, IN, for Defendants-Appellees.

Before POSNER, WILLIAMS, and HAMILTON, Circuit Judges.

POSNER, Circuit Judge.

The appeal in this diversity suit governed by Indiana and Michigan law presents issues of contract and property law (the venerable doctrine of waste). The affiliated real estate firms that we'll pretend are one and call Bitler, sued affiliated oil companies that we'll also pretend are one and call Marathon. Bitler seeks damages for harm caused by Marathon in attempting to clean up pollution at gas stations that Bitler had leased to it. According...

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