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McCAULEY BROS. SHEET METAL v. SUPERIOR-KUETEMEYER CO.

No. 71 C 3132.

356 F.Supp. 263 (1973)

McCAULEY BROS. SHEET METAL, INC., a corporation, Plaintiff, v. SUPERIOR-KUETEMEYER CO., INC., a corporation, Defendant.

United States District Court, N. D. Illinois.

March 21, 1973.

Attorney(s) appearing for the Case

Edward J. Griffin and Charles L. Byrum, Defrees, Fiske, Voland, Alberts & Hoffman, Chicago, Ill., for plaintiff.

Arvey, Hodes & Mantynband, Irwin I. Zatz and Gary D. Friedman, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on the defendant's motion to dismiss the complaint. This is a diversity action, commenced by plaintiff, McCauley Bros. Sheet Metal, Inc., against defendant, Superior-Kuetemeyer Co., Inc., alleging anticipatory breach of a contract by the defendant. The contract in question provided that plaintiff was to furnish and install a ventilation system for the McHenry County Courthouse at Woodstock...

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