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HARDLY ABLE COAL, ETC. v. INTERNATIONAL HARV.

No. 79 C 4958.

494 F.Supp. 249 (1980)

HARDLY ABLE COAL COMPANY, INC., Plaintiff, v. INTERNATIONAL HARVESTER COMPANY, Defendant.

United States District Court, N. D. Illinois, E. D.

July 23, 1980.

Attorney(s) appearing for the Case

Thomas A. Kiepura, Haskell & Perrin, Chicago, Ill., for plaintiff.

William T. Weaver, Lord, Bissell & Brook, Chicago, Ill., for defendant.

OPINION AND ORDER

SHADUR, District Judge.

Defendant has moved to strike the allegations of "economic loss" in plaintiff's complaint and to dismiss the case. For the reasons stated in this opinion and order, that motion is denied.

Two legal questions are posed by defendant's motion:

1. What state's substantive law is applicable to plaintiff's cause of action in this diversity case? 2. Does the applicable state law permit a tort...

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