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ERVIN v. SEARS, ROEBUCK & CO.

No. 5-83-0447.

127 Ill. App.3d 982 (1984)

469 N.E.2d 243

JOHN S. ERVIN, Plaintiff, v. SEARS, ROEBUCK AND COMPANY et al., Defendants (Sears, Roebuck and Company, Defendant and Third-Party Plaintiff-Appellee, v. Flagg-Utica Corporation et al., Third-Party Defendants-Appellants).

Appellate Court of Illinois — Fifth District.

Supplemental opinion filed on denial of rehearing September 20, 1984.

Attorney(s) appearing for the Case

Pope and Driemeyer, of Belleville (Allan Goodloe, Jr., of counsel), for appellants.

Carl W. Lee, of Gundlach, Lee, Eggmann, Boyle & Roesser, of Belleville, for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE HARRISON delivered the opinion of the court:

Flagg-Utica Corporation (Flagg) and American Mutual Liability Insurance Company (American), third-party defendants, appeal from summary judgments entered by the circuit court of Madison County in favor of Sears, Roebuck and Company (Sears), third-party plaintiff, in the sum of $95,234.57, on Sears' third-party complaint. For the reasons which follow, we...

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