MATTER OF JOHNS-MANVILLE ASBESTOSIS CASES
516 F.Supp. 375 (1981)
In the Matter of JOHNS-MANVILLE/ASBESTOSIS CASES.
No. 77 C 3534.
United States District Court, N. D. Illinois, E. D.
May 15, 1981.
Daniel S. Hefter, Hugh R. McCombs, Jr., William F. Murphy, Isham, Lincoln & Beale, John E. Passarelli, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, Ill., for plaintiff.
C. Joseph Yast, Lord, Bissell & Brook, Chicago, Ill., for defendant.
MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
North American Asbestos Corporation ("North American"), Hooker Chemicals and Plastics Corporation ("Hooker") and Cassiar Resources, Ltd. ("Cassiar") are among the numerous defendants in the Johns-Manville asbestosis cases consolidated for pretrial purposes (the "Asbestosis Cases"). Hooker has filed third party complaints and crossclaims against North American for indemnity. Cassiar has filed third party complaints against North American seeking contribution.1 North American has moved
to dismiss all such crossclaims and third party complaints. For the reasons stated in this memorandum opinion and order that motion is granted.
On May 19, 1978 North American was dissolved as a corporation by the Illinois Secretary of State. All substantive questions in these diversity actions must be answered under Illinois law, including Ill.Rev. Stat. ch. 32, § 157.94 ("Section 94"):
The dissolution of a corporation ... shall not take away or impair any remedy available to or against such corporation, its directors, or shareholders, for any right or claim existing, or any liability incurred, prior to such dissolution if action or other proceeding thereon is commenced within two years after the date of such dissolution.
Each of the parties invokes the provisions of Section 94 — obviously advancing sharply different interpretations.Hooker