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WOOLARD v. U.S. STEEL CORP.

No. 5-87-0233.

166 Ill. App.3d 833 (1988)

520 N.E.2d 1144

J.P. WOOLARD, Plaintiff, v. UNITED STATES STEEL CORPORATION et al., Defendants (P & S Grain Company, Inc., Defendant-Counterplaintiff; United States Steel Corporation, Defendant and Counterdefendant and Third-Party Plaintiff-Appellee; Peabody Coal Company, Third-Party Defendant-Appellant).

Appellate Court of Illinois — Fifth District.

Opinion filed March 3, 1988.

Attorney(s) appearing for the Case

Thompson & Mitchell, of Belleville (William A. Schmitt, of counsel), for appellant.

Larry E. Hepler and Peter E. Carlson, both of Burroughs, Simpson, Hepler & Broom, of Edwardsville, for appellee.

Order reversed.

JUSTICE KARNS delivered the opinion of the court:

Peabody Coal Company was granted leave to appeal under Supreme Court Rule 308 (107 Ill.2d R. 308) from the order of the circuit court of Madison County denying its motion to dismiss filed under section 2-619(a)(4) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-619(a)(4)). The motion sought dismissal of the third-party complaint of appellee, United States Steel Corporation...

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