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ROSOLOWSKI v. CLARK REFINING AND MARKETING

No. 1-07-0048.

890 N.E.2d 1011 (2008)

Priscilla ROSOLOWSKI, n/k/a Priscilla Kusiolek, et al., Plaintiffs-Appellants, v. CLARK REFINING and MARKETING, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

June 16, 2008.

Attorney(s) appearing for the Case

Jenner & Block (Jerold S. Solovy, Benjamin K. Miller, Barry Levenstam, Irina Y. Dmitrieva and April A. Ottenberg, of counsel), Mary Ann Pohl, P.C. (Mary Ann Pohl, of counsel), Chicago, Robert J. Wagner, P.C. (Robert J. Wagner, of counsel), Crystal Lake, Joseph Witkowski & Associates, Shea, Rogal & Associates (Gerald W. Shea and Ira Rogal, of counsel), LaGrange, for Appellants.

Mayer, Brown LLP (John C. Berghoff, Jr. and Michele Odorizzi, of counsel), Chicago, IL, for Appellee.

Justice ROBERT E. GORDON delivered the opinion of the court:

Plaintiffs, who were residents of Blue Island, Illinois, living near an oil refinery owned by defendant Clark Refining and Marketing, brought a nuisance class action against defendant because of fumes and discharges from the refinery. After the entry of a multimillion dollar jury award in favor of plaintiffs, the trial court decertified the class, vacated the award and ordered a new trial. Plaintiffs appeal...

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