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CITGO PETROLEUM CORP. v. McDERMOTT INTERN.

No. 1-05-3827.

858 N.E.2d 563 (2006)

306 Ill.Dec. 563

CITGO PETROLEUM CORPORATION and PDV Midwest Refining L.L.C., Plaintiffs, v. McDERMOTT INTERNATIONAL, INC.; J. Ray McDermott, S.A.; J. Ray McDermott, Inc.; McDermott Incorporated; The Babcock and Wilcox Company; The Babcock and Wilcox Company, Tubular Products Division; Alliance Tubular Products Division Formerly Pittsburgh Tube Company; American Midco Pipe and Tube, Inc. a/k/a Midco Pipe and Tube; J.H. Roberts Industries, Inc., Defendants (The Babcock and Wilcox Company, Third-Party Plaintiff-Appellant; Union Oil Company of California, d/b/a Unocal, Third-Party Defendant-Appellee).

Appellate Court of Illinois, First District.

November 8, 2006.

Attorney(s) appearing for the Case

Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd. (Frederic R. Klein, Roger A. Lewis, Brian D. Fagel, Maureen E. Merin, of counsel), for appellee Union Oil Company of California.

Kirkland & Ellis, LLP (John Donley, Douglas G. Smith, of counsel), for appellant The Babcock Company.

Justice KARNEZIS delivered the opinion of the court:

Plaintiffs CITGO Petroleum Corporation and PDV Midwest Refining, L.L.C., (collectively CITGO) filed suit against defendant The Babcock & Wilcox Co. (B & W) and numerous additional defendants for damages resulting from a fire at its oil refinery in Lemont, Illinois. B & W filed a third-party complaint against Union Oil Company of California (Unocal), a prior...

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