BAXTER HEALTHCARE CORP. v. O.R. CONCEPTS, INC.

No. 95-1725.

69 F.3d 785 (1995)

BAXTER HEALTHCARE CORPORATION, Plaintiff-Appellant, v. O.R. CONCEPTS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 1995.

Rehearing and Suggestion for Rehearing Denied November 28, 1995.


Attorney(s) appearing for the Case

John R. Myers, argued, Kathryn D. Ingraham, Matthew A. Phillips, Bell, Boyd & Lloyd, Chicago, IL, for Plaintiff-Appellant.

Patrick S. Coffey, Deena S. Newlander, Gardner, Carton & Douglas, Chicago, IL, David B. Goroff, argued, Michael A. Ficaro, Bradley E. Riley, Hopkins & Sutter, Chicago, IL, Anthony J. Dimun, O.R. Concepts, Incorporated, Burnsville, MN, for Defendant-Appellee.

Before CUMMINGS, MANION and KANNE, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied November 28, 1995.

CUMMINGS, Circuit Judge.

In early 1992, Baxter Healthcare Corporation ("Baxter") and O.R. Concepts, Inc. ("O.R.") entered into an agreement that obligated Baxter to purchase from O.R. at least $3 million of Thermadrape over a 27-month period. Later that year the president of O.R. and others sold 95% of O.R.'s stock to Vital Signs, Inc. ("Vital Signs"), a competitor of Baxter.

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