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KUZIW v. LAKE ENGINEERING COMPANY

No. 71 C 253.

398 F.Supp. 961 (1975)

William KUZIW, Plaintiff, v. LAKE ENGINEERING COMPANY, a Division of Arlo Manufacturing Corporation, a corporation, et al., Defendants. LAKE ENGINEERING COMPANY, a Division of Arlo Manufacturing Corporation, a corporation, and Economy Baler Corporation, a corporation, Third-Party Plaintiffs, v. BELL & HEFTNER, INC., et al., Third-Party Defendants.

United States District Court, N. D. Illinois, E. D.

June 6, 1975.

Attorney(s) appearing for the Case

Alan E. Morrill, Morrill, Koutsky, Klomann & Chuhok, Chicago, Ill., for plaintiff.

George E. Sweeney, Kralovec, Sweeney, Marquard & Scoby, John F. Laughlin, Price, Schlager, Burgeson & Laughlin, Jerome M. Brooks, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

KIRKLAND, District Judge.

This cause comes before the Court on the motion of third party defendants to reconsider its earlier motion to dismiss the third party complaint. The Court, in a previous opinion by another judge, denied third party defendants' motion to dismiss, thereby permitting the third party complaint to stand on an indemnity theory of active-passive negligence. In denying that motion, the Court failed to recognize...

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