Legal Opinion

Cunningham v. Masterwear Corp.

Court of Appeals for the Seventh Circuit

Decided June 23, 2009No. 08-1924PublishedCited by 27 opinions

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…

2Cases cited7 opinions

  1. Asplundh Manufacturing Division v. Benton Harbor EngineeringCourt of Appeals for the Third Circuit · 1995
  2. Christopher Phelps & Associates, LLC v. GallowayCourt of Appeals for the Fourth Circuit · 2007
  3. United States v. Bill S. Conn, Sr.Court of Appeals for the Seventh Circuit · 2002
  4. Jay J. Schindler v. Joseph C. Seiler and Synthes Spine Company, L.P.Court of Appeals for the Seventh Circuit · 2007
  5. United States v. 68.94 Acres of Land, More or Less, Situate in Kent County, State of Delaware, and Sally A. Dickerson, TrusteeCourt of Appeals for the Third Circuit · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. C.W. Ex Rel. Wood v. Textron, Inc.Court of Appeals for the Seventh Circuit · 2015
  2. James River Ins. Co. v. Rapid Funding, LLCCourt of Appeals for the Tenth Circuit · 2011
  3. Banister v. BurtonCourt of Appeals for the Seventh Circuit · 2011
  4. Exxon Mobil Corp. v. FordCourt of Appeals of Maryland · 2013
  5. Stephans v. StateNevada Supreme Court · 2011

22 more not listed; retrieve them via the Exa API.

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