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05/19/95 PAUL E. MALONE AND LAVERNE MALONE v.

APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT


May 19, 1995

PAUL E. MALONE AND LAVERNE MALONE, D/B/A MALONE FARMS, PLAINTIFFS-APPELLANTS,
v.
AMERICAN CYANAMID COMPANY, A MAINE CORPORATION, DEFENDANT-APPELLEE.

Appeal from Circuit Court of Macon County. No. 91L126. Honorable John K. Greanias, Judge Presiding. Original Opinion of April 13, 1995, Reported at 649 N.E.2d 493 at 493, 271 Ill. App. 3d 843 at 843.

The Honorable Justice Steigmann delivered the opinion of the court: Lund and Green, JJ., concurring.

The opinion of the court was delivered by: Steigmann

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

The Honorable Justice STEIGMANN delivered the opinion of the court:

Defendant has filed a petition for rehearing in which it arguesthat three new decisions dealing with Federal preemption require this court to reconsider and change its opinion in this case The opinions defendant cites are the following: Freightliner Corporation v. Myrick (U.S. Apr. 18, 1995), No. 94-286, 131 L. Ed. 2d 385, 63 U.S.L.W. 4263; Taylor Ag Industries v. Pure-Gro (9th Cir. Apr. 24, 1995), (Westlaw, All Feds database), F.3d ; and Lowe v. Sporicidin International (4th Cir. 1995), 47 F.3d 124. We have carefully considered each of these cases, view them as inapposite, and reaffirm our original opinion in this case.

LUND and GREEN, JJ., concurring.

19950519

© 1998 VersusLaw Inc.



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