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CONTINENTAL SAND & GRAVEL v. K & K SAND & GRAVEL

Nos. 83-2923, 83-2012.

755 F.2d 87 (1985)

CONTINENTAL SAND & GRAVEL, INC., an Illinois corporation, Plaintiff-Counterdefendant-Appellee, v. K & K SAND & GRAVEL, INC., an Indiana corporation, Curtis Kamminga, and Shirley Kamminga, Defendants-Counterplaintiffs-Appellants. CONTINENTAL SAND & GRAVEL, INC., an Illinois corporation, Plaintiff-Counterdefendant-Appellant, v. K & K SAND & GRAVEL, INC., an Indiana corporation, Curtis Kamminga, and Shirley Kamminga, Defendants-Counterplaintiffs-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 1985.

As Amended February 4, 1985.

Attorney(s) appearing for the Case

Robert K. Blain, Altheimer & Gray, Chicago, Ill., for plaintiff-counterdefendant-appellee.

Alvin W. DeJong, Chicago, Ill., for defendants-counterplaintiffs-appellants.

Before BAUER and CUDAHY, Circuit Judges, and DOYLE, Senior District Judge.

CUDAHY, Circuit Judge.

Plaintiff Continental Sand & Gravel Inc. ("Continental") sued for breach of express warranties made by defendants K & K Sand & Gravel, Inc. and Kurt and Shirley Kamminga in a written agreement for the sale of certain real and personal property. The defendants counterclaimed for the balance due on a related consulting agreement. At issue in this appeal are the trial court's determinations regarding the defendants' breach of various...

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