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COSTELLO v. UNARCO INDUSTRIES, INC.

No. 61409.

111 Ill.2d 476 (1986)

490 N.E.2d 675

MARION COSTELLO, Indiv. and as Ex'r, Appellant, v. UNARCO INDUSTRIES, INC., et al. (H.K. Porter Company, Inc., Appellee).

Supreme Court of Illinois.

Rehearing denied April 1, 1986.

Attorney(s) appearing for the Case

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

McConnell, Kennedy, Quinn & Johnston (Bradley W. Dunham, Karen J. Steele and Rebecca S. Riddell, of counsel), and Heyl, Royster, Voelker & Allen (Frederick P. Velde, Robert H. Shultz, Jr., Christopher P. Larson and Karen L. Kendall, of counsel), all of Peoria, for appellee.

Robert G. Schloerb and Richard R. Ryan, of Peterson, Ross, Schloerb & Seidel, of Chicago, for amicus curiae Advocate Mines Limited.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith, of counsel), for amicus curiae Illinois Defense Counsel.

Kevin J. Conway, of Cooney & Stenn, of Chicago, for amicus curiae Illinois Trial Lawyers Association.

Reversed and remanded.

JUSTICE GOLDENHERSH delivered the opinion of the court:

On October 23, 1981, plaintiffs, Frank Costello and Marion Costello, filed this action in the circuit court of McLean County against defendants, distributors of asbestos, alleging that defendants sold asbestos which was used at the shipyard where plaintiff Frank Costello had been employed from Autumn 1942 through the Spring of 1945 and that as the result of exposure to said asbestos...

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