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STINNES CORP. v. KERR-MCGEE COAL CORP.

No. 5-98-0105.

722 N.E.2d 1167 (1999)

309 Ill. App.3d 707

243 Ill.Dec. 98

STINNES CORPORATION, Plaintiff-Appellant, v. KERR-McGEE COAL CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Rehearing Denied January 27, 2000.

Attorney(s) appearing for the Case

Jeffrey W. Gunn, R. Eric Bentsen, William F. McDermott, Morris & Stella, Chicago, Paul Lynch, Craig & Craig, Mt. Vernon, for plaintiff-appellant.

Donald V. Ferrell, Thomas J. Foster, Jelliffe, Ferrell, Morris, Doerge & Foster, Harrisburg, for defendant-appellee.

Presiding Justice GOLDENHERSH delivered the opinion of the court:

Stinnes Corporation, third-party plaintiff (Stinnes), appeals from an order of the circuit court of Williamson County dismissing its action for spoliation of evidence against Kerr-McGee Coal Corporation, third-party defendant (Kerr-McGee). The underlying products liability action was brought by Robert W. Wilkas and James Benge against Stinnes' subsidiary, SRE Carlsbad, Inc. (SRE Carlsbad), for personal...

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