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DUKES v. J.I. CASE CO.

Nos. 4-84-0557, 4-84-0584 cons.

137 Ill. App.3d 562 (1985)

483 N.E.2d 1345

STEVEN DUKES, Plaintiff-Appellant, v. J.I. CASE COMPANY, Defendant-Appellee and Third-Party Plaintiff (Illinois Power Company et al., Third-Party Defendants). — STEVEN DUKES, Plaintiff, v. J.I. CASE COMPANY, Defendant and Third-Party Plaintiff-Appellee (McCartin-McAuliffe Plumbing & Heating, Inc., Third-Party Defendant-Appellant; Illinois Power Company, Third-Party Defendant).

Appellate Court of Illinois — Fourth District.

Rehearing denied November 6, 1985.

Attorney(s) appearing for the Case

Phebus, Tummelson, Bryan & Knox, of Urbana (Joseph W. Phebus and Jeffrey W. Tock, of counsel), for appellant Steven Dukes.

Craig J. Causeman, of Thomas, Mamer & Haughey, of Champaign, for appellant McCartin-McAuliffe Plumbing & Heating, Inc.

Heyl, Royster, Voelker & Allen, of Urbana (James C. Kearns, of counsel), for appellee.

Affirmed as modified in part, and reversed in part and remanded.

JUSTICE MORTHLAND delivered the opinion of the court:

This consolidated appeal stems from a products liability action filed by Steven Dukes against the J.I. Case Company, and the subsequent third-party contribution claims by J.I. Case against Dukes' employer, McCartin-McAuliffe Plumbing & Heating, Inc. (McCartin), and Illinois Power Company. The appeal raises questions concerning the viability...

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