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LUKWINSKI v. STONE CONTAINER CORP.

No. 1-98-4583.

726 N.E.2d 665 (2000)

312 Ill. App.3d 385

244 Ill.Dec. 690

John LUKWINSKI, Plaintiff-Appellant, v. STONE CONTAINER CORPORATION, Defendant-Appellee (ITW Signode, I.T.W., Inc., I.T.W. Development Company and Illinois Tool Works, Defendants).

Appellate Court of Illinois, First District, Third Division.

March 8, 2000.

Attorney(s) appearing for the Case

O'Connor, Schiff & Myers, Chicago (John W. Grove, Jill B. Lewis, of counsel), for Appellant.

Kaplan, Papadakis & Gournis, P.C., Chicago (Eric D. Kaplan, Dean Gournis, of counsel), for Appellee Smurfit-Stone Container f/k/a Stone Container Corporation.

Justice CERDA, delivered the opinion of the court:

In this case, plaintiff, John Lukwinski, appeals the order of the circuit court dismissing with prejudice counts III and IV of his sixth amended complaint which alleged claims against defendant, Stone Container Corporation (Stone), for breach of the implied warranties of fitness and merchantability under sections 2-314 and 2-315 of the Uniform Commercial Code— Sales (UCC) (810 ILCS 5/2-314, 2-315 (West 1998...

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