MATTER OF JOHNS-MANVILLE ASBESTOSIS CASES
516 F.Supp. 375 (1981)
United States District Court, N. D. Illinois, E. D.
May 15, 1981.
Blankenship and this Court's earlier analysis therefore control Cassiar's contribution claims to the same extent as Hooker's indemnification claims. Cassiar's actions for contribution against North American must be dismissed.
ConclusionNorth American's motion to dismiss is granted under Fed.R.Civ.P. 12(b)(6), because the third party complaints and crossclaims of Hooker and Cassiar against North American fail to state claims upon which relief can be granted.
1. This opinion is applicable to and entered in the following cases: Hooker's third party complaints in McDaniel (77 C 3534) and Aiken (79 C 1382); Hooker's crossclaims in Baker (80 C 11), Biga (80 C 10), Bruce (79 C 4965), V. Cole (79 C 5340), Fernandez (80 C 2629), Lewis (79 C 5335), Maglio (79 C 4951), Ostrowski (80 C 1195), Pitts (79 C 5338), Wells (79 C 5336); and Cassiar's third party complaints in Aiken (79 C 1382) and Guillen (78 C 866). Cassiar had in addition filed a third party complaint against North American in Lonergan (78 C 2562), but this Court has since granted summary judgment for Cassiar in that case. If any of the parties finds this opinion either inapplicable to any of the listed cases or applicable to other cases, appropriate notices should be served on the Court and opposing counsel.
2. North American contends that the crossclaim in Fernandez (80 C 2629) was not filed within two years after its dissolution. Although Hooker disputes that assertion, given this Court's interpretation of Section 94 it is not necessary to address the issue.
3. Hooker's statutory interpretation arguments, predicated on the need to give every word in a statute meaning and the presumption that legislators "know the meanings of words and the rules of grammar," thus actually support the position stated in this opinion. As stated in the text, the operative principle is an application of reddendo singula singulis. 2A C. Sands, Sutherland's Statutes and Statutory Construction § 47.26 (4th ed. 1973).
4. Hooker's own references to the term "right" in its memorandum again support the analysis in this opinion rather than its own arguments. Hooker cites Lasko v. Meier, 394 Ill. 71, 75, 67 N.E.2d 162, 165 (1946) for the proposition that "a right is a component part of a cause of action," and In re Wynn's Estate, 311 Ill.App. 190, 196, 35 N.E.2d 702, 705 (2d Dist. 1941) for the proposition that "a right is a power or privilege to which one is entitled by law." It seeks to argue that its "right," not North American's, existed at the time of dissolution — a position that does not comport with either the statutory framework or the normal construction of the statutory language.