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Newell Co. v. Petersen

Case Date: 10/30/2001
Court: 2nd District Appellate
Docket No: 2-99-1232 Rel

October 30, 2001

No. 2--99--1232

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

NEWELL COMPANY,

          Plaintiff-Appellee,

v.

ALLEN D. PETERSEN, WILLIAM F.
WRIGHT, ROBERT W. BRADY,
CHARLES D. PEEBLER, JR.,
AMERICAN TOOL COMPANIES, INC.,
and PETERSEN MANUFACTURING
COMPANY, INC.,

          Defendants-Appellants.

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)		 Appeal from the Circuit Court
of McHenry County.


No. 97--LA--245






Honorable
Michael J. Sullivan,
Judge, Presiding.

JUSTICE O'MALLEY delivered the opinion of the court:

Defendants, Allen D. Petersen, William F. Wright, Robert W.Brady, Charles D. Peebler, Jr., American Tool Companies, Inc., andPetersen Manufacturing Company, Inc., appeal from an order of thecircuit court denying their motion to dismiss the second amendedcomplaint of plaintiff, Newell Company. On this interlocutoryappeal, the supreme court has directed us to answer two certifiedquestions.

The first certified question is as follows:

"Whether the Illinois borrowing statute for limitationsperiods, 735 ILCS 5/13--210 [(West 1994)], is inapplicablewhere none of the parties to a cause of action was an Illinoisresident at the time the action accrued, but where one of theparties later becomes an Illinois resident within the foreignlimitations period."

We hold that our borrowing statute is applicable in the abovesituation.

The second certified question is as follows:

"Whether section 218(c) of the Delaware Corporate Code [Del. Code Ann. tit. 8,