Kennedy Tank & MFG. Co., Inc., and Hemlock Semiconductor Operations LLC and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation d/b/a Emmert International

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1507-CT-984.

RUSH, Chief Justice.

After Emmert Industrial Corporation (“Emmert”) successfully transported an enormous process tower vessel from Indiana to Tennessee, the vessel’s manufacturer — Kennedy Tank & Manufacturing Company (“Kennedy”) — refused to pay nearly $700,000 in unforeseen transportation expenses. Emmert attempted to collect, but Kennedy still had not paid by the time a federal statute of limitations expired. Emmert eventually sued for breach of contract and unjust enrichment, and Kennedy raised the federal…