JONES & LAUGHLIN STEEL v. JOHNS-MANVILLE SALES

Nos. 79-1433, 79-1434.

626 F.2d 280 (1980)

JONES & LAUGHLIN STEEL CORPORATION, a corporation, Appellant in No. 79-1434, v. JOHNS-MANVILLE SALES CORPORATION, a corporation, (Defendant and Third-Party Plaintiff), Appellant in No. 79-1433, v. BROWN & KERR, INC., J. M. Foster Company, Inc., Western Contracting Corporation and S. M. Wilson Company d/b/a Hennepin Contractors v. PULLMAN, INC. (Third-Party Defendant).

United States Court of Appeals, Third Circuit.

Decided July 9, 1980.


Attorney(s) appearing for the Case

David B. Fawcett, Jr. (argued), Richard S. Dorfzaun, Christine W. Caprio, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for Jones & Laughlin Steel Corp.

Frederick J. Francis (argued), Alexander Unkovic, Ronald D. Morelli, Meyer, Unkovic & Scott, Pittsburgh, Pa., for Johns-Manville Sales Corp.

Before ADAMS, van DUSEN and GARTH, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This diversity case presents an interesting question regarding the interface between tort law and contract law. Specifically, we are asked to decide inter alia whether, under Illinois law, a purchaser of a product pursuant to a contract may recover damages under tort theories of liability for the failure of the property to perform satisfactorily. The district court, in declining to grant the defendant's motion for...

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