United States Seventh Circuit
SMURFIT NEWSPRINT CORP. v. S.E. PAPER MFG. CO., 03-1445
Were it faced with the question, the New York Court of Appeals would not extend the no-prejudice rule to indemnification provisions of an asset purchase agreement; that rule has only been applied in the context of insurance contracts.
Appellate Information
- Argued 10/23/2003
- Decided 05/21/2004
- Published 05/21/2004
Judges
- MANION, Circuit Judge., Before MANION, KANNE, and EVANS, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- E. King Poor (Argued), R. Mark McCareins, Winston & Strawn, Chicago, IL, for Plaintiff-Appellant.
- For Appellees:
- Bradford P. Lyerla, Marshall, Gerstein & Borun, Chicago, IL, Charles K. McKnight, Jr. (Argued), King & Spalding, Atlanta, GA, for Defendant-Appellee.