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VAN WINKLE v. OWENS-CORNING FIBERGLAS CORP.

Nos. 4-96-0382, 4-96-0383.

683 N.E.2d 985 (1997)

291 Ill. App.3d 165

225 Ill.Dec. 482

Linda VAN WINKLE, Individually and as Special Administrator of the Estate of Donald Van Winkle, deceased, Plaintiff-Appellee and Cross-Appellant, v. OWENS-CORNING FIBERGLAS CORPORATION, Defendant-Appellant and Cross-Appellee (Illinois Central Railroad Company, Defendant). Mark HICKS as Special Administrator of the Estate of Thelma Hicks, deceased, and Coleman Hicks, Jr., Plaintiffs-Appellees and Cross-Appellants, v. OWENS-CORNING FIBERGLAS CORPORATION, Defendant-Appellant and Cross-Appellee (Illinois Central Railroad Company, Defendant).

Appellate Court of Illinois, Fourth District.

Decided August 14, 1997.

Attorney(s) appearing for the Case

Timothy S. Bishop, Jeffrey W. Sarles, Andrew L. Frey, argued, Mayer, Brown & Platt, Chicago, for Owens-Corning Fiberglass Corp.

James Wylder, argued, James Walker, James Walker, Ltd., Bloomington, for Linda Van Winkle in No. 4-96-0382 and Mark Hicks in No. 4-96-0383.

Presiding Justice STEIGMANN delivered the opinion of the court:

In March 1995, plaintiff Linda Van Winkle, individually and as special administrator of the estate of Donald Van Winkle (Van Winkle), sued defendant, Owens-Corning Fiberglas Corporation (OCF), alleging OCF conspired with one or more other manufacturers of asbestos products (John-Mansville Corporation (J-M), Union Asbestos and Rubber Company (Unarco), and Raybestos-Manhattan, Inc. (Raybestos)) to suppress...

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