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ST. PAUL FIRE & MARINE INS. v. MICHELIN TIRE CORP

No. 55260.

12 Ill. App.3d 165 (1973)

298 N.E.2d 289

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. MICHELIN TIRE CORPORATION et al., Defendants-Appellants.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied June 5, 1973.

Attorney(s) appearing for the Case

James B. O'Shaughnessy and Sheldon A. Zabel, of Schiff, Hardin, Waite, Dorschel & Britton, of Chicago, for appellant Michelin Tire Corporation.

Joseph B. Lederleitner, of Pretzel, Stouffer, Nolan & Rooney, of Chicago, for appellant Smith Tire Company.

Howard & French, of Chicago, (Richard G. French, Stuart N. Litwin, and Gary E. Dienstag, of counsel,) for appellee St. Paul Fire and Marine Insurance Company.

Judgment reversed.

Mr. PRESIDING JUSTICE STAMOS delivered the opinion of the court:

This is an indemnity action which seeks recovery of sums paid in settlement to the estates of four individuals killed in a 1962 collision between the car in which they were riding and a truck operated by plaintiff's insured. The case was tried upon a theory of strict liability in tort for the manufacture and sale of a defective product. After a bench trial judgment for plaintiff...

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