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United States Seventh Circuit


Rexam Beverage Can Co. v. Bolger, 08-3403

In a commercial landlord-tenant dispute involving at a warehouse with a leaky roof, the replacement of which both landlord and tenant denied was their responsibility, judgment in favor of defendant-landlord on his counterclaim on several Illinois state law grounds is affirmed in part, vacated in part, and remanded where: 1) a conclusion that tenant was contractually bound to replace the roof of the warehouse is affirmed in part, vacated in part and remanded; 2) district court's award of $405,470 in damages for tenant's failure to replace the roof is affirmed; and 3) district court's Holdover Statute award of $1,156,232.24 is vacated and remanded for a determination of the fair market net rental value of the property and the assessment of a penalty equal to double that value for the duration of the tenant's holdover.

Appellate Information

  • Argued 10/08/2009
  • Decided 08/24/2010
  • Published 08/24/2010

Judges

Court

  • United States Seventh Circuit

Counsel

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