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OWENS v. MIDWEST TANK & MFG. CO.

No. 1-88-3482.

192 Ill. App.3d 1039 (1989)

549 N.E.2d 774

ROGER OWENS, Plaintiff, v. MIDWEST TANK AND MANUFACTURING COMPANY et al., Defendants (Midwest Tank and Manufacturing Company, Third-Party Plaintiff-Appellant; Tyrolt, Inc., d/b/a Dunn Company, Third Party Defendant-Appellee).

Appellate Court of Illinois — First District (4th Division).

Opinion filed December 28, 1989.

Attorney(s) appearing for the Case

McDermott, Will & Emery, of Chicago (Donald C. Clark, Jr., and Luke DeGrand, of counsel), for appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (David H. Levitt and Nancy G. Lischer, of counsel), for appellee.

Reversed and remanded.

PRESIDING JUSTICE JIGANTI delivered the opinion of the court:

The plaintiff, Roger Owens, filed a product liability action against the defendant Midwest Tank and Manufacturing Company (Midwest) alleging that he was injured as a result of a defective asphalt storage silo manufactured by Midwest. Midwest then filed a third-party complaint against the plaintiff's employer, Tyrolt, Inc., d/b/a Dunn Company (Dunn). Count I of the third-party...

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