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GARNER v. KINNEAR MFG. CO.

Nos. 92-2858, 92-3302.

37 F.3d 263 (1994)

Willie GARNER and Sara Garner, Plaintiffs-Appellants, v. KINNEAR MANUFACTURING COMPANY, Midwest Kinnear Manufacturing Company, Kinnear Manufacturing Company, a Division of Harsco Corporation, Harsco Corporation, and Wayne Dalton Corporation, f/k/a Kinnear Manufacturing Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 26, 1994.

Rehearing and Suggestion for Rehearing Denied November 23, 1994.

Attorney(s) appearing for the Case

Clifford W. Horwitz, Marc A. Perper, and Jay R. Luchsinger (argued), Horwitz, Horwitz & Associates, Chicago, IL, for plaintiffs-appellants.

Thomas H. Fegan, Robert M. Burke, Brian C. Fetzer, Mindy Kallus (argued), and Genevie F. Labuda, Johnson & Bell, Chicago, IL, for defendants-appellees.

Before BAUER, CUDAHY and RIPPLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 23, 1994.

CUDAHY, Circuit Judge.

One of the plaintiffs, Willie Garner (hereinafter "Garner"), was injured when a motor assembly used to operate a rolling warehouse door fell on him. He and his wife then sued the manufacturer for negligent manufacture and installation. The district court granted the defendant's motion for summary judgment, holding the suit was barred under the Illinois statute of...

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