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DANIELS v. McKAY MACHINE CO.

No. 79-1461.

607 F.2d 771 (1979)

James D. DANIELS, Plaintiff-Appellant, v. McKAY MACHINE COMPANY and Wean United, Inc., Defendants, and Dow Chemical Co., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 1979.

Attorney(s) appearing for the Case

Dennis A. Brandt, Granite City, Ill., for plaintiff-appellant.

Larry E. Hepler, Edwardsville, Ill., for defendants.

Before SPRECHER and WOOD, Circuit Judges, and CAMPBELL, Senior District Judge.

SPRECHER, Circuit Judge.

The questions posed by this diversity case on appeal are (1) whether a state court's denial of summary judgment is the law of the case when, after removal, the federal court is faced with a similar motion for summary judgment; and (2) whether, under Illinois law, strict products liability applies to the lessor or seller of equipment causing injury when the lessor or seller is not in the business of selling such equipment and the lease or sale...

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