UNION CARBIDE CORP. v. OSCAR MAYER FOODS CORP.

No. 90-3470.

947 F.2d 1333 (1991)

UNION CARBIDE CORPORATION, Plaintiff-Appellant, v. OSCAR MAYER FOODS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 15, 1991.


Attorney(s) appearing for the Case

Lawrence C. Rubin (argued), Arvey, Hodes, Costello & Burman, Chicago, Ill., for plaintiff-appellant.

Michael R. Feagley, Michele Odorizzi, and Douglas Belofsky (argued), Mayer, Brown & Platt, Chicago, Ill., for defendant-appellee.

Before POSNER, FLAUM, and MANION, Circuit Judges.


POSNER, Circuit Judge.

This is a diversity suit for breach of contract, brought by Union Carbide against Oscar Mayer and resolved in the defendant's favor on summary judgment. Union Carbide sold Oscar Mayer plastic casings that Oscar Mayer uses in manufacturing sausages. The prices in Union Carbide's invoices to Oscar Mayer included two 1 percent sales taxes that are applicable to sales which originate in Chicago. Another supplier of plastic sausage casings to Oscar...

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