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BURGESS v. ABEX CORP. EX REL. PNEUMO ABEX

Nos. 4-98-0354, 4-98-0356.

725 N.E.2d 792 (2000)

311 Ill. App.3d 900

244 Ill.Dec. 319

Jerry BURGESS, as Special Administrator of the Estate of Delbert Burgess, Deceased, and Francis Burgess, Plaintiffs-Appellees, v. ABEX CORPORATION, by its successor-in-interest, PNEUMO ABEX CORPORATION, Defendant-Appellant. Jerry Burgess, as Special Administrator of the Estate of Delbert Burgess, Deceased, and Francis Burgess, Plaintiffs-Appellees, v. Illinois Central Railroad Company; Abex Corporation; Metropolitan Life Insurance Company; Cape Industries, PLC; and Owens-Illinois, Inc., Defendants (Pittsburgh Corning Corporation, Defendant-Appellant).

Appellate Court of Illinois, Fourth District.

March 1, 2000.

Attorney(s) appearing for the Case

Jerold S. Solovy, Donald R. Harris, Barry Levenstam (argued), David M. Feinberg, Jenner & Block, Chicago, for Abex Corporation.

James Wylder (argued), Walker & Wylder, Ltd., Bloomington, for Jerry Burgess.

Dennis J. Dobbels (argued), Brian W. Fields, Polsinelli, White, Vardeman & Shalton, Kansas City, MO, for Pittsburgh Corning Corporation.

Presiding Justice COOK delivered the opinion of the court:

On December 1, 1999, the supreme court, in the exercise of its supervisory authority, vacated the decisions in these cases and directed this court to reconsider its judgment in light of McClure v. Owens Corning Fiberglas Corp., 188 Ill.2d 102, 241 Ill.Dec. 787, 720 N.E.2d 242 (1999).

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