Cunningham v. Masterwear Corp.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
The plaintiffs, a couple named Cunningham, appeal from the dismissal, on the defendants’ motion for summary judgment, of a suit for common law nuisance. Jurisdiction is founded on diversity of citizenship. Indiana law would govern the substantive issues if there were any — but the only issues presented by the appeal are procedural.
From 1986 to the beginning of 2004, the plaintiffs operated a photographic studio in Martinsville, Indiana. The studio was next door to a building that until 1991 had contained a dry-cleaning business operated by defendant Masterwear. (The…
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