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BETHLEHEM STEEL CORP. v. CHICAGO EASTERN CORP.

Nos. 86-3048, 86-3101.

863 F.2d 508 (1988)

BETHLEHEM STEEL CORPORATION, Plaintiff-Counterdefendant, Appellee, Cross-Appellant, v. CHICAGO EASTERN CORPORATION, Defendant-Counterplaintiff, Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 23, 1988.

As Amended December 6, 1988.

Attorney(s) appearing for the Case

Patrick W. O'Brien, Mayer, Brown & Platt, Chicago, Ill., for defendant-counterplaintiff, appellant, cross-appellee.

Terence E. Flynn, Gessler, Wexler, Flynn, Laswell & Fleischmann, Ltd., Chicago, Ill., for plaintiff-counterdefendant, appellee, cross-appellant.

Before FLAUM and MANION, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

FLAUM, Circuit Judge.

Bethlehem Steel Corporation ("Bethlehem") filed suit against Chicago Eastern Corporation ("Chicago Eastern") to collect payment for a shipment of steel sold to Chicago Eastern. Bethlehem's amended complaint alleged that Chicago Eastern had breached the parties' contract and committed fraud. Chicago Eastern counterclaimed, arguing that a prior shipment of steel from Bethlehem had been defective and that Chicago Eastern was entitled to offset the...

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