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IN RE CHICAGO FLOOD LITIGATION

Nos. 80460, 80535.

680 N.E.2d 265 (1997)

176 Ill.2d 179

223 Ill.Dec. 532

In re CHICAGO FLOOD LITIGATION.

Supreme Court of Illinois.

Rehearing Denied June 2, 1997.

Attorney(s) appearing for the Case

William J. Harte, William J. Harte, Ltd., Barnow and Hefty, P.C., Holstein, Mack & Klein, Chicago, for Kanter & Mattenson, Ltd.

Chicago Corp. Counsel by Susan S. Sher, Lawrence Rosenthal, Deputy Corporation Counsel, Theodore R. Tetzlaff, Jenner & Block, Chicago, Carney & Brothers, Ltd., McDermott, Will & Emery, Winston & Strawn, Cassiday, Schade & Gloor, Lord, Bissell & Brook, Larry D. Drury, Susman, Saunders & Buehler, Lawrence Walner, Lawrence Walner and Associates, Denise Y. Staniec, Kostow & Daar, Clausen Miller P.C., Robbins, Kaplan, Miller & Ciresi, Cooney and Conway, Lynn A. Goldstein, The First National Bank of Chicago, Steven E. Nieslawski, Cahill, Christian & Kunkle, Ltd., John D. Cassiday, Cassiday, Schade & Gloor, Chicago, for ITT Hartford.

Lawrence Rosenthal, Deputy Corporation Counsel, Chicago, for City of Chicago.

Justice FREEMAN delivered the opinion of the court:

In April 1992, the underground freight tunnel system in the central business district of Chicago flooded. Numerous named plaintiffs (class plaintiffs) represent individuals and businesses that claim property damage and economic loss as a result. ITT Hartford (Hartford), the subrogee of several additional claimants, opted out of the certified class. Class plaintiffs and Hartford each brought an action in the circuit...

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