CONSOLIDATION COAL CO. v. BUCYRUS-ERIE CO.

No. 79-882.

93 Ill. App.3d 35 (1980)

416 N.E.2d 1090

CONSOLIDATION COAL COMPANY, Plaintiff-Appellee and Cross-Appellant, v. BUCYRUS-ERIE COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied February 27, 1981.


Attorney(s) appearing for the Case

Quarles & Brady, of Milwaukee, Wisconsin, and Richard E. Mueller, L.C. Hammond, Jr., Hugh C. Griffin, and Michael H. Schaalman, all of Lord, Bissell & Brook, of Chicago, for appellant.

Sidley & Austin, and Robert A. Downing, Arlene C. Erlebacher, Lawrence Zelle, and James D. Steiner, all of Robbins, Davis & Lyons, of Chicago, for appellee.


Affirmed as modified and remanded.

Miss PRESIDING JUSTICE McGILLICUDDY delivered the opinion of the court:

Consolidation Coal Company (CONSOL) brought an action to recover damages resulting from the collapse of its wheel excavator located in its Illinois mine. The excavator was designed, manufactured and repaired by the defendant, Bucyrus-Erie (B-E), whose principal place of business and corporate headquarters are in Milwaukee, Wisconsin. During litigation...

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