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National Inspection & Repairs, Inc. v. George S. May International Co.

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ARGUED SEPTEMBER 25, 2009

Before EASTERBROOK, Chief Judge, and KANNE and SYKES, Circuit Judges.

The central issue in this case is breach of contract. The plaintiff-appellant, National Inspection & Repairs, Inc. (“NIR”), is appealing the district court’s decision to grant summary judgment to the defendant-appellee, rejecting NIR’s claims for breach of contract, fraudulent misrepresentation, negligent misrepresentation, breach of fiduciary duty, and constructive fraud. A breach of contract claim is a double-edged sword to be advanced by a party at its own risk. Such a claim necessarily calls into question not only whether a breach occurred, but also, which party committed it. Because we find that it was NIR alone that breached the contract, we agree that summary judgment was appropriate.

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