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OSTENDORF v. INTERNATIONAL HARVESTER CO.

No. 54180.

89 Ill.2d 273 (1982)

433 N.E.2d 253

JUNIOR C. OSTENDORF et al., Appellees, v. INTERNATIONAL HARVESTER COMPANY et al. (International Harvester Company, Appellant).

Supreme Court of Illinois.

Modified on denial of rehearing March 25, 1982.

Attorney(s) appearing for the Case

Thomas, Mamer & Haughey, of Champaign, and Lord, Bissell & Brook, of Chicago (William J. Brinkman, Richard E. Meuller, and Hugh C. Griffin, of counsel), for appellant.

Cook, Shevlin & Keefe, Ltd., of East St. Louis (Bruce N. Cook and Thomas Q. Keefe, Jr., of counsel), for appellees.

Judgments vacated; cause remanded.

JUSTICE CLARK delivered the opinion of the court:

Junior C. Ostendorf was injured by fire on October 26, 1973, while operating an International Harvester model 806 tractor. The fire began when the fuel tank filler cap allegedly "blew off" under pressure, causing gasoline to gush out of the tank and ignite. Junior and his wife, Betty Ostendorf, filed suit against International Harvester and Joseph Brewer, owner of the tractor...

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