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MACH MOLD INC. v. CLOVER ASSOCIATES, INC.

No. 03 C 7757.

383 F.Supp.2d 1015 (2005)

MACH MOLD INC. and Indiana Insurance Co., as subrogee of Mach Mold Inc. Plaintiffs, v. CLOVER ASSOCIATES, INC. d/b/a Machinery Supply and Kingman Dedicated Service, Inc. Defendants. Clover Associates, Inc. Cross-Claim Plaintiff v. Kingman Dedicated Service, Inc. Cross-Claim Defendant Kingman Dedicated Service, Inc. Counterclaim & Third-Party Plaintiff v. KM Industrial Machinery Co.; GES Exposition Services; City of Chicago; F.H. Paschen, S.N. Nielsen, Inc.; Illinois Bell Telephone; & People's Gas Light & Coke Co. Third-Party Defendants.

United States District Court, N.D. Illinois, Eastern Division.

August 17, 2005.

Attorney(s) appearing for the Case

Erik W. Nielsen, Dale F. Weigand, Ellison, Nielson, Zehe & Antas, P.C., Chicago, IL, for Plaintiffs.

John J. Moroney, IV, Bollinger, Ruberry and Garvey, Christopher G. Buenik, Morse & Bolduc, Allan C. Zuckerman, Attorney at Law, Chicago, IL, Ronald D. Foster, Botkin, Leone & Eslinger, South Bend, IN, for Defendants.

MEMORANDUM OPINION AND ORDER

COAR, District Judge.

I. FACTS

Plaintiff Mach Mold is a custom builder of plastic molds. Mach Mold has a facility in Benton Harbor, Michigan. In 2001, Mach Mold became interested in acquiring a horizontal milling machine for its facility. Some time during 2001, Mach Mold contacted Leading Edge New Machinery, Inc. ("Leading Edge"), which sold machinery to machine and die shops in the United States,...

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