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SMITH v. GEORGIA PACIFIC CORP.

No. 79-864.

86 Ill. App.3d 570 (1980)

408 N.E.2d 117

DEAN E. SMITH, Plaintiff-Appellant, v. GEORGIA PACIFIC CORPORATION et al., Defendants-Appellees. — (CAPITOL SCALE CO. et al., Defendants-Appellees and Third-Party Plaintiffs, v. RAY SWATA, d/b/a Spectrum Painting & Decorating, Third-Party Defendant.)

Appellate Court of Illinois — Third District.

Opinion filed July 25, 1980.

Attorney(s) appearing for the Case

James Kellstedt, of Peoria Heights, for appellant.

John R. Hoffert, of Westervelt, Johnson, Nicoll & Keller, of Peoria, for appellee Waste Management, Inc.

James C. Kearns, of Heyl, Royster, Voelker & Allen, of Peoria, for appellee Capitol Scale Company.

Kavanaugh, Scully, Sudow, White & Frederick, of Peoria, for appellee Charles Roth.

Reversed and remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

Dean E. Smith is the plaintiff in a suit brought under the Structural Work Act (Ill. Rev. Stat. 1979, ch. 48, par. 60 et seq.) in the Circuit Court of Peoria County. The suit was tried before a jury which became deadlocked in its deliberations. Some months later the trial court, having reserved ruling on defendants' motions for directed verdict at the close of the evidence...

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