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CONSOLIDATION COAL CO. v. BUCYRUS-ERIE CO.

No. 54752.

89 Ill.2d 103 (1982)

432 N.E.2d 250

CONSOLIDATION COAL COMPANY, Appellee, v. BUCYRUS-ERIE COMPANY, Appellant.

Supreme Court of Illinois.

Opinion filed February 2, 1982.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago (Richard E. Mueller and Hugh C. Griffin, of counsel), for appellant.

Sidley & Austin, of Chicago (Robert A. Downing and Arlene C. Erlebacher, of counsel) and Robins, Zelle, Larson & Kaplan, of Minneapolis (Lawrence Zelle and James D. Steiner, of counsel), for appellee.

Vacated and remanded.

JUSTICE UNDERWOOD delivered the opinion of the court:

Plaintiff, Consolidation Coal Company (Consolidation), brought this action in the circuit court of Cook County on January 18, 1977, to recover damages allegedly sustained on August 7, 1973, when its wheel excavator collapsed at its Pinckneyville, Illinois, coal mine. The excavator was designed, manufactured and repaired for Consolidation by defendant, Bucyrus-Erie (B-E), a Delaware...

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