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MAAS v. OTTAWA STOCKDALE FERTILIZER, INC.

No. 72-124.

9 Ill. App.3d 33 (1972)

291 N.E.2d 514

HAROLD MAAS et al., d/b/a MAAS BROTHERS, Plaintiff, v. OTTAWA STOCKDALE FERTILIZER, INCORPORATED, Defendant — (OTTAWA STOCKDALE FERTILIZER INCORPORATED, Third-Party Plaintiff-Appellant, v. ALBERT BEERS, Highway Commissioner of South Ottawa Road District, La Salle County, Third-Party Defendant-Appellee.)

Appellate Court of Illinois — Third District.

December 29, 1972.

Attorney(s) appearing for the Case

Robert E. White, of Ottawa, for appellant.

Peter F. Ferracuti, of Ottawa, (T. Donald Henson, of counsel,) for appellee.

Order affirmed.

Mr. JUSTICE SCOTT delivered the opinion of the court:

The original complaint filed in this cause by Harold Maas and Gilbert Maas d/b/a Maas Brothers charged Ottawa Stockdale Fertilizer, Inc., defendant and third party plaintiff, with negligently and knowingly spraying a poisonous brush killer on or near the Maas property which caused the death of a number of their cattle.

Ottawa Stockdale, Inc., filed a third party complaint against...

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