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HOLMES v. SAHARA COAL CO.

No. 5-83-0809.

131 Ill. App.3d 666 (1985)

475 N.E.2d 1383

GARY HOLMES, Plaintiff-Appellee, v. SAHARA COAL COMPANY, Defendant-Appellant and Third-Party Plaintiff and Counterdefendant-Appellee (Caterpillar Tractor Company, Third-Party Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois — Fifth District.

Rehearing denied April 11, 1985.

Attorney(s) appearing for the Case

William Kent Brandon, of Mitchell, Brandon & Schmidt, of Carbondale, for appellant Caterpillar Tractor Company.

Harris, Lambert & Wilson, of Marion, for appellee Gary Holmes.

Lord, Bissell & Brook, of Chicago, and Jelliffe, Ferrell & Morris, of Harrisburg (Hugh C. Griffin and Donald V. Ferrell, of counsel), for Sahara Coal Company.

Judgment affirmed.

JUSTICE HARRISON delivered the opinion of the court:

Sahara Coal Company (Sahara) and Caterpillar Tractor Company (Caterpillar) appeal a judgment entered in the circuit court of Williamson County. The action was brought by Gary Holmes (plaintiff) to recover for personal injuries. Plaintiff's action against Sahara was predicated on a theory of negligence. Plaintiff's action against Caterpillar was predicated on a theory of strict liability...

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