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Gould & Ratner Obtains Signficant Defense Judgment in Commercial Fraud Case

Gould & Ratner litigation partners Bob Carson and Ted Kommers successfully defended a $16 million-plus suit in the U.S. District Court in Chicago on behalf of Ring Power Corporation, a Florida-based distributor of industrial and commercial diesel power generators.  A customer, Indeck Power Corporation, based in Wheeling, Illinois, claimed that 24 semi-trailer mounted diesel generators it had purchased and accepted from Ring Power did not meet the contract specifications, and further claimed that the contract was induced by an intentional misrepresentation. 

In a September 14, 2006 opinion entered after a six day bench trial, U.S. District Judge Coar found the equipment met the contract specifications, there was no misrepresentation, and the purchaser received exactly the equipment it had ordered.  The court entered judgment exonerating the defendant on all claims.  Gould & Ratner is pursuing recovery of costs and attorneys' fees for its client.