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HANDLEY v. UNARCO INDUSTRIES, INC.

No. 4-82-0380.

124 Ill. App.3d 56 (1984)

463 N.E.2d 1011

JOHN V. HANDLEY et al., Plaintiffs-Appellants and Cross-Appellees, v. UNARCO INDUSTRIES, INC., et al., Defendants (Owens-Corning Fiberglas Corporation, Defendant-Appellee and Cross-Appellant; North American Asbestos Corporation, Defendant-Appellee).

Appellate Court of Illinois — Fourth District.

Opinion filed May 9, 1984.

Attorney(s) appearing for the Case

James Walker, Ltd., of Bloomington, for appellants.

Heyl, Royster, Voelker & Allen, of Springfield (Frederick P. Velde, of counsel), for appellee North American Asbestos Corp.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith, Thomas M. Crisham, Frederick S. Mueller, and Joanna C. New, of counsel), for appellee Owens-Corning Fiberglas Corp.

Affirmed in part, and reversed in part and remanded.

JUSTICE TRAPP delivered the opinion of the court:

The issue is whether a default judgment against one group of tortfeasors in one action bars a separate action against another group of tortfeasors who were originally joined in the first action but later were dismissed without prejudice where all of the tortfeasors are alleged to be jointly and severally liable...

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