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HAHN v. NORFOLK AND WESTERN RY. CO.

No. 5-91-0186.

608 N.E.2d 683 (1993)

241 Ill. App.3d 97

181 Ill.Dec. 610

Frank J. HAHN, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, a corporation, Defendant and Third-Party Plaintiff-Appellant, v. CLARK EQUIPMENT COMPANY, Third-Party Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

February 11, 1993.

Attorney(s) appearing for the Case

Thomas W. Alvey, Jr., Kurt E. Reitz, Mary Sue Juen, of counsel, Thompson & Mitchell, Belleville, for defendant and third-party plaintiff-appellant.

Martin H. Katz, John F. Doak, Katz, McAndrews, Balch, Lefstein & Fieweger, Rock Island, Robert Wilson, Evans & Dixon, Edwardsville, for third-party defendant-appellee.

Justice RARICK delivered the opinion of the court:

Norfolk & Western Railway Co. (N & W) appeals from the St. Clair County circuit court's dismissal of its third-party claims for contribution and indemnity against Clark Equipment Co. (Clark).

Plaintiff, Frank J. Hahn, filed an FELA action in February of 1985 against his employer, N & W, for injuries he suffered sometime in 1984 as a carman getting on and off a forklift. The forklift was manufactured...

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