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FARLEY v. MARION POWER SHOVEL CO.

No. 46920.

60 Ill.2d 432 (1975)

328 N.E.2d 318

JAMES A. FARLEY, Appellee, v. MARION POWER SHOVEL CO., INC., et al., Appellants.

Supreme Court of Illinois.

Rehearing denied May 29, 1975.

Attorney(s) appearing for the Case

James B. Bleyer, of Marion, for appellant Marion Power Shovel Co.

Mitchell & Armstrong, Ltd., of Marion, for other appellants.

Harris and Lambert, of Marion, for appellee.

Appellate court reversed; circuit court affirmed.

MR. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

This case is before us on pleadings presenting a single issue: Is a large, self-propelled power shovel used in strip-mining coal a "structure" as that term is used in the Structural Work Act of this State (Ill. Rev. Stat. 1971, ch. 48, pars. 60 through 69)? We believe, for the reasons herein expressed, that it is not.

Plaintiff, James A...

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