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PREWEIN v. CATERPILLAR TRACTOR CO.

No. 3-83-0536.

123 Ill. App.3d 687 (1984)

463 N.E.2d 161

DONALD JOHN PREWEIN, Plaintiff-Appellee, v. CATERPILLAR TRACTOR COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed April 19, 1984.

Attorney(s) appearing for the Case

David B. Mueller and Timothy J. Cassidy, both of Cassidy & Mueller, and Maximillian M. Prusak, of Prusak & Winne, both of Peoria, for appellant.

David Uhler, of Belleville, for appellee.

Judgment affirmed.

JUSTICE SCOTT delivered the opinion of the court:

This is an appeal from an order of the circuit court of Peoria County which struck certain affirmative defenses which sought application of comparative negligence principles to an action brought under the Illinois Structural Work Act.

The plaintiff Prewein filed a two-count complaint against the defendant Caterpillar Tractor Company. We are concerned only with count I which was brought...

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