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MITCHELL v. UNITED ASBESTOS CORP.

No. 79-566.

100 Ill. App.3d 485 (1981)

426 N.E.2d 350

JACQUELINE MITCHELL et al., Plaintiffs-Appellees and Appellants, v. UNITED ASBESTOS CORPORATION et al., Defendants-Appellants and Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed September 14, 1981.

Attorney(s) appearing for the Case

John L. McMullin, of Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, of St. Louis, Missouri, Joseph R. Davidson, of Bernard & Davidson, of Granite City, and Robert W. Schmieder, of Wagner, Bertrand, Bauman & Schmieder, of Belleville, for appellants.

Sandor Korein, of Cohn, Carr, Korein, Kunin, Schlichter and Brennan, of East St. Louis, for appellees.

Affirmed in part and reversed in part.

Mr. PRESIDING JUSTICE KASSERMAN delivered the opinion of the court:

Action was brought in a four-count complaint to recover damages for the wrongful death of Frank J. Mitchell, who allegedly died from the disease of asbestosis. Decedent died on October 14, 1972, and the complaint was filed in the circuit court of Madison County, Illinois, on October 15, 1974, the day following an Illinois legal holiday. Counts I and II...

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