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EISBACH v. JO-CARROLL ELECTRIC COOPERATIVE, INC.

Nos. 18307, 18308.

440 F.2d 1171 (1971)

Susan EISBACH, Administrator of the Estate of John Eisbach, Deceased, and Lois Eisbach, Plaintiffs-Appellants and Cross-Appellees, v. JO-CARROLL ELECTRIC COOPERATIVE, INC., et al., Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearings Denied May 17, 1971.

Attorney(s) appearing for the Case

James G. Madden, of Hunter, Hunter & Madden, Freeport, Ill., for William T. Thompson Co., defendant-appellee.

David Jacker, John M. O'Connor, Jr., of Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., Robert K. Skolrood, of Reno, Zahm, Folgate & Skolrood, Rockford Ill., for Jo-Carroll Electric Cooperative, Inc. and Ralph J. Smuck, defendants-appellees and cross-appellants.

William F. Wessel, Marvin C. Grodsky, New Orleans, La., for plaintiffs-appellants and cross-appellees.

Before KILEY and CUMMINGS, Circuit Judges, and MORGAN, District Judge.

CUMMINGS, Circuit Judge.

In this diversity action, the fourth amended complaint alleged that plaintiffs' decedent, John Eisbach, was engaged in truck-gardening business in Illinois. In the spring of 1964, he had planted a large crop of tomatoes on a 2-acre leased tract. It was alleged that on June 10, 1964. defendant Jo-Carroll Electric Cooperative, Inc., acting through Ralph J. Smuck and two other individuals, sprayed nearby property to kill brush and weeds. Count...

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