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SMITH v. McNEIL CORP.

No. 78-365.

74 Ill. App.3d 356 (1979)

392 N.E.2d 1376

RICHARD L. SMITH, Plaintiff-Appellant, v. McNEIL CORPORATION et al., Defendants-Appellees. — (W.W. RICHARDSON EQUIPMENT SALES COMPANY, INC., Counterplaintiff-Appellee, v. McNEIL CORPORATION, Counterdefendant-Appellee.)

Appellate Court of Illinois — Third District.

Rehearing denied August 29, 1979.

Attorney(s) appearing for the Case

McConnell, Kennedy, Quinn and Johnstone, of Peoria, for appellant.

Baner and Nicoara, of Peoria, for appellee McNeil Corporation.

Kavanagh, Scully, Sudow, White and Frederick, of Peoria, for appellee W.W. Richardson Equipment Sales Company.

Reversed and remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

This is an appeal from orders entered by the circuit court which granted the motions of the defendants McNeil Corporation and W.W. Richardson Equipment Sales Company, Inc., for a directed verdict against the plaintiff, Richard L. Smith, and denied plaintiff's motion for a directed verdict on the affirmative defense of assumption of risk filed by the defendants.

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