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HERNANDEZ v. BRAKEGATE, LTD.

No. 91-2665.

942 F.2d 1223 (1991)

Juan HERNANDEZ and Guadelupe Hernandez, Plaintiffs-Appellees, v. BRAKEGATE, LTD., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 19, 1991.

Attorney(s) appearing for the Case

James R. Wylder, James G. Walker, Bloomington, Ill., for Juan Hernandez and Guadelupe Hernandez.

J. Timothy Eaton, Theodore E. Harman, Coffield, Ungaretti, Harris & Slavin, Chicago, Ill., Donald M. Craven, James C. Craven, Springfield, Ill., for Grefco Inc. and Gen. Refractories Co.

Michael J. Kelly, Margaret S. Garvey, Freeborn & Peters, Chicago, Ill., for Manville Settlement Trust Personal Injury and Manville Corp. Asbestos Disease Compensation Fund.

Francis A. Citera, David L. Doyle, Pope & John, Chicago, Ill., for Wedron Silica Co.

Before BAUER, Chief Judge, and COFFEY and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Juan and Guadelupe Hernandez filed suit in state court, under state law, seeking damages for injuries they attribute to asbestos. Lack of complete diversity frustrated defendants who wished to remove the case to federal court. Just as trial appeared imminent, two of the defendants (Grefco, Inc., and General Refractories Co., collectively "Grefco") removed the case anyway, claiming that developments in the Manville bankruptcy made this proceeding...

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