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BULTEMA v. CATERPILLAR, INC.

No. 95 C 2282.

11 F.Supp.2d 966 (1998)

Allen BULTEMA and Doreen Bultema, Plaintiffs, v. CATERPILLAR, INC., a Delaware corporation, and Tim Bernico, an individual, Defendants. CATERPILLAR, INC., a Delaware corporation, and Tim Bernico, an individual, Third Party Plaintiffs, v. ILLIANA DISTRIBUTORS, INC., Third Party Defendants.

United States District Court, N.D. Illinois, Eastern Division.

February 10, 1998.

Attorney(s) appearing for the Case

Richard D. Boonstra, Hoogendoorn, Talbot, Davids, Godfrey & Milligan, Chicago, IL, for Allen Bultema and Doreen Bultema.

Raymond J. Kelly, Jr., James L. Curtis, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, David William Porter, Chilton, Yambert & Porter, Chicago, IL, for Caterpillar, Inc.

Robert F. Barta, Hoffman, Burke & Bozick, Chicago, IL, David William Porter, Larry J. Chilton, Chilton, Yambert & Porter, Chicago, IL, Gregory G. Vacala, Rubin, Patton, et al., Chicago, IL, for Illiana Distributors, Inc.

Howard K. Priess, II, Mary Kathleen Cronin, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Cozzi Iron & Metal, Inc.

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

Defendants move for summary judgment. That motion is denied.

On November 24, 1993, plaintiff Allen Bultema (Bultema), driving a "semi" with a flatbed trailer, went to a Caterpillar, Inc. (Caterpillar) facility to pick up a load of steel plate scrap. Caterpillar uses steel plate in its production process, burning out various shapes from steel plates. That leaves steel plate scrap of various...

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