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WEBBER v. ARMSTRONG WORLD INDUSTRIES, INC.

No. 4-92-0055.

601 N.E.2d 286 (1992)

235 Ill. App.3d 790

175 Ill.Dec. 889

John WEBBER, Guardian of Robert Webber, Plaintiff-Appellant, v. ARMSTRONG WORLD INDUSTRIES, INC., GAF Corporation, National Gypsum Co., and W.R. Grace & Co., et al., Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Rehearing Denied November 16, 1992.

Attorney(s) appearing for the Case

James Walker, Ltd., Bloomington, for plaintiff-appellant.

Bret S. Babcock, Peoria, for defendant appellee W.R. Grace & Co.-Conn.

Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, for defendants-appellees. Armstrong World Industries, Inc., GAF Corp. and Nat. Gypsum Co.

Justice LUND delivered the opinion of the court:

There are two issues which arise in this appeal as a result of summary judgment having been entered against plaintiff in this asbestos injury case: (1) whether the movant in a summary judgment motion can prove the absence of a genuine issue of material fact by demonstrating that a nonmovant cannot prove an essential element of his case at trial; and (2) whether the Jones affidavit created a genuine issue of material...

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