Document 0gypnO6XoKaaeVe1JqMO34b8O

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1934 DOC#: EADS032 DOCUMENT DESCRIPTION: Documents from Case of Pearl Brenklau UNITED STATES OF AIERICA NORTHERN DISTRICT OF ILLINOIS 6S. EASTERN DIVISION IN THE DISTRICT COURT OF TEE UNITED STATES KO.TTHSHN DISTRICT OF ILLINOIS EASTERN DIVISION PEARL H. BRENKLAU vs. JOHNS-IUNVILLE PRODUCTS CO., a Corporation, and JOHNSIIANVILLE SALES CORPORATION, a Corporation. No. 113114S ANSWER OF JOHNS-UNVILLE PRODUCTS CORPORATION. A CORPORATION. JOHNS-HANVILLE PRODUCTS CORPORATION, & corporation, by Ketfc & Lister, ite attorneys, answering the complaint of the plaintiff in thiB action: 1. Admits that it is a foreign corporation qualified to do business in the State of Illinois, and that it is engaged in the business of manufacturing and Belling building materials. 2. Admits that on Harsh 9, 1934, it owned sad . operated a factory for the manufacture of building materials in Waukegan, Illinois, and admits that plaintiff was employed in said factory in various jobs. 3. Denies that any fumes, gases, ox dusts eroso from any work done or process operated by the p laintiff, or that plaintiff was exposed to the inhalation of any fume, gases or dusts. 1. -*. *>*>*' XJMi mWtvikitm 9m * nivy^M* * * Denies that this defendant knew, ox should have known, that the inhalation of any duete, fumes, or gases to which plaintiff is alleged to have been exposed was apt to or did produce illness or disease to the plaintiff of which the plaintiff now complains, or that any such illness or disease is or was peculiar to the work or operations carried on or used in said business, or that any such work or opera tion subjected plaintiff to dangers of illness or disease inci- i #* * dent to such work or process to which employees were ox are not ordinarily exposed in other lines of employment* 5- Denies that plaintiff w e b caused to or did, during the time in plaintiff* e complaint alleged, or any other time, necessarily, or otherwise, inhale large quantities of silica dusts, or other fumes, gases, ox duets, through his nose, mouth, or otherwise, or that any silica dust or other fumes, gases, or dusts became lodged in plaintiffs throat or lungs, or caused any illness or disease In plaintiff, end further denies that plaintiff was in the exercise of due care and caution for hie own personal health and safety* 6 * Denies that plaintiff was closed to various fumes, gases, and dusts of dangerous character, or that any such exposure could or would result in any illness or disease* 7 Denies that plaintiff has contracted silicosis, pneumoconiosis, siderosis, asbejstosis, tuberculosis, or any other occupational disease, or that as a result of any occurs pational disease, or other illness arising out of his work, plaintiff h&B lost weight, ox has been incapacitated ox weakened - V A. -KlJiV J*Kv^ 4. b o that he cannot perform any work for which he is fitted, or that plaintiff has Buffered mental or physical pain or anguish, or will continue to suffer such, for any length of time, or that plaintiff has become liable fox, or expended, any Bums of money in and about endeavoring to be cured, or has been kept from his usual occupation, or lost pecuniary gains which he mignt have made had he been employed, by rea son of any such occupational disease or illness arising out.. of his employment. v:. > S. Denies that this defendant wilfully failed to provide reasonable or approved devices, methods, or means for i * . ^ the prevention of occupational disease incident to such em ployment; denies that there were in and about eaid factory, no proper suction fans, or other apparatus, provided for collecting fumes, gases, or dusts in the room in said factory where plaintiff was employed, or that this defendant failed to provide masks or respirators, or other apparatus, to be used or worn by .the plaintiff to protect him from inhaling any fuaeB, gases, or dusts in the air. 9. Denies that this defendant negligently failed to remove, so fax as practicable, by either ventilation.ox exhaust devices, any injurious fumes, gases, or dusts in the room in which plaintiff worked, contrary to statute. . 1 0 . Denies that this defendant negligently caused ox permitted premises to be so swept as to raise dust contrary to statute. ifv.Xw.-. '*- i M I I 3. twYn **4i 11. Denies that plaintiff sustained damage in the sum of Fifty Thousand ($50,000) DollarB, or any sum whatsoever. FIRST AFFIKL'-ATIVE DEFENSE 12. That there is and was, during all of the plaintiff*c employment# in full force and effect, a certain" * statutory provision, namely, *An Act to Promote Public Health by Protecting Certain Employees in this State from the Dangers of Occupational Diseases, ana providing for the enforcement ' thereof,1* (Callaghan*s Illinois Statutes Annotated, Chapter 46, paragraphs lf&5"200) Section 2 of which certain cl&B&es of industries were listed, viz; (1) . Employers engaged in carrying on any process of manufacture or labor in which sugar of lead, white lead, lead chromate, litharge, red lead, arsenate of lead or parts green.are employed, used, or handled, (2 ) . Employer engaged in the manufacture of brasB or the smelting of lead or zinc, (3) - Employers engaged in any process of manu facture in which poisonous chemicals, minerals, or other substances are used or handled by the exqployees therein in harmful quantities or under harmful condi tions, ' ; and that in and by Section 15 subdivision E-^ of said Act it is provided that no common law or statutory right to recover damages for injury or death exists in favor of any employee by reaeon of an occupational disease arising out of or in the course of hie employment in one or more of the occupations referred to In Section 2 of said Act. h. 4Mitf***w l^il I;, Izr z alleged in plaintiff's complaint, the various r---- : sieged to have been handled by plain tiff, gave szi------ :^es, gases, and duets in harmful quantities, zzi zzzz -zz inhaled by plaintiff and caused the illnesses zz claimed by plaintiff, then it appears that ' zzs for disability due to diseases incurred in a ~r-.- n' nnufacture or labor in.,which poison ous chemicals rrr^~ zr other substances are used or handled by tz= zzr..-- zierein in harmful quantities or f , under harmful m m . ind that no common law or statutory right of act izr z m = zr the plaintiff by reason of the in juries in p l E l m ^ .rmlaint alleged. SITAm AFFIRMATIVE DEFENSE 1 ^. -s and was, during all of the plain- tiff's emplcrzm zzrzll force and effect, a certain statutory provision, nant*-. -z-rc to Promote Public Health by Protect ing Certain I=zlr-=: _z zzis State from the Danger of Occupa tional Diseasez zi zrrrzzLng for the enforcement thereof,* (Callaghan's Illzzz fcz~rte8 Annotated, Chapter kS$ parar* graphs 135---- . zz zrrzzr 2 of which certain classes of in dustries were Izzz zr (l) -rz_~rz engaged in carrying on any process rf :.. -:zz=z or labor in which sugar of lead, whizr z z leal chromate, litharge, red lead, cr3z z z lear ox paxis green are employed, used, or zzr. - (z: brass or = ^cgaged in the manufacture of m of lead or zinc, o: facture z other szr tzgaged in any process of maim-- znous chemicals, minerals, ox .aed or handled by the employeea ' 1 :v * . f -' lMANUK*WMI5SW4M*1 i if V T l lft* t>di mfiWif.U therein in harmful quantities or under harmful condi tions, and that in and by Section 1 5 , subdivision B-4 of said Act, it is provided that no common law or statutory right to recover damages for injury ox death exists in favor of any employee by reason of an occupational disease arising out of or in the course of his employment In one or more of the occupations referred to in Section 2 of said Act. 15* That in said factory, located at Waukegan, Illinois, wherein this defendant was engaged in the business of manufacturing various building materials and similar pro ducts, certain substances named in said Section 2 of said Occupational Disease Act were used in its processes and manu facture, viz: lead chromate and litharge, wherefore this de fendant was engaged in processes of manufacture In which lead chromate and litharge were employed, used, and handled, and no common law olr statutory right of action exists in favor of the plaintiff herein for the occupational disease alleged to have been contracted by plaintiff. THIRD AFFIRMATIVE DEFENSE l6 . That Section 1 of said "Act to Promote Public Health by Protecting Certain Employees in thiB State from the Dangers of Occupational Diseases, and providing for the en forcement thereof, 11 (Par. 1S5> Chapter 46, Callaghan's Illi nois Statutes Annotated) is in violation of the Fourteenth Amendment to the Constitution of the United States, and Section 2 of Article II and Article III of the Constitution of the State of Illinois, in that (A) Said Section is so vague, indefinite, and uncertain that an employer may not reasonably know whether he is engaged in a work ox prooess within its provisions, or what illnesses or diseases are peculiar to the work carried on and to which em ployees are not ordinarily exposed in other lines of employment; that no standard of approval is pro vided so that an employer may know with reasonable certainty what are approved devices, neane, or methods, or what is necessary to be done to avoid the criminal and civil penalties provided; that said section places obligations on an employer in terms so vague that men of common intelligence must necessarily guess at itB meaning and differ as to its application; (B) Said Section is an unlawful delegation of legislative power by the legislature of Illinois to the jury impanelled, or the Court sitting without a jury, for the purpose of trying any case under said Section, to determine, ex post faoto, the obligations of an employer under said Act, and whether his attempted compliance therewith will be approved* JOHNS MANVILLE PRODUCTS CORPORATION, a corporation. BY Its attorneys* , WV*.. xowvwv^VXrMP^tr^^.^.a'U**'*"r^`'^*-iT^'*'!*"" A STATE Of ILLINOIS sc. COUNTY OF 0 0 0 K 18 THE SUPERIOR COURT OF COOK COUNTY PEARL H. BAREHKLAU IB. JOHH3--MAP/ILLE PRODUCTS CO., a corporation, and JOHNS-IULYILLE SALES CORPORATION, a corporation. So. j Hq 5059 BOND KNO'J ALL MER BY THEBE PRESENTS, That we, J0HN3- UAMVILLS PRODUCTS CORPORATION, a corporation, and JOHJB-- AHYILLE SALES CORPORATION, a corporation, as principals, .and ROYAL INDEMNITY COMPANY, as surety, are hold and firmly hound unto PEARL H. BAREHKLAU, plaintiff, in the penal sua of FIVE HUNDRED (500) DOLLARS, lawful money of the United States, to be paid to said plaintiff, his esecutore, adminis trators, or assigns, for which payment well and truly to be made, we bind ourselves, our b u c o c b b o x s and assigns, Jointly and severally, firmly by these presents. SEALED with our seals and dated the jA day of Hay, A. D. 193^- UHERSAS, the said JOHNS--UABYILLE PRODUCTS CORPORA i.. TION, a corporation, and JOENS-JiATVILLE BALES CORPORATION, a corporation, have applied by petition to the Superior Court of Cooh 1. xensoval of a certain cau3o thoxsin -- --- - BARSMLAU ia plaintiff and tha said* 'TO,, a corporation, and JOHifS-XiyyiLLS rporation, are defendanto, to tha -- - .. '~ted utataa fox ths Itorihoxii District :~taion, for further proceedings on v * ' / '' --- -- ,rt cot forth, and that all further pro' --,, - x ia aid Superior Court of Cook County nm' ".V\ .' ,,t),r . j If the eaid J O H X S -aAKmLE PRODUCTS COBPO: -- . -- <: -'0HXa-UAHYII.L2 CALEB COHPOR.VIXOS, a ,, `. *'sr in said District Couyfc of tha United *'; .s' * ^ - riotriot of Illinois, Xaotsra Di7 ioion# ; " ^ '-r*r tao date of filing aid petition, a :l6 rtrord in aid suit, and shall roll and :Mi'. -- -- --- to i* paid, all coat that may ba awarded . - _____ 1n Court of th United Statoa, if cnid Eild cult was ^rroiii^fully ox improperly "` ~ zzz 'wCs obligation shall bo void, othfcv- - : fail foroa and virtu. ,> JOHNS-AN7ILL3 PflQDlKJTB CORPORATIOE, a corporation. bt 1 / r ^ . d A u ^ - ,. - J0HB3--AXVIIiLS CALEB CuHPORATXOa, e corporation. BY / & j ^ / , i i . X, ` Ar STATE OF HEW YORK ) ) BO. COUNTY 0? new YOXX ) Eefora mo, a Hotary Publio in andfl fiar tnho county and otaatta tvforosald, personally apnoared (0 ^ gr me knn7?n to ba ths J Q y f \ r J < ^ y of JOHM-HAnvILLE PHODUOTO OORPORATIOE, a corporation, and of J0H33- ./ ,,*> v.k*Yll.l a;,Li:s c o r ^ w T l o n , a corporation, awl then and .' there acknowledged that he executed the foregoing lnatruneht as hla free and voluntary act es ouch officer of each of euch corporations, and as the free and voluntary act of euoh coroorations. `i - GIVF.U under ay band and notarial oaal this *7 day of Way, 1 9 3 >>. UM * cj/\XAAfZ> Hota27 tubiio. 3. A % I ? \ A<rd sfturvvarrfa. cr> the* /z day or. .............. ...Dm -- A. D. 19 ? y I e ccrcatii...... ...... was; tiled in the ovfoe of tho Clerk of oaltf Co riarde snti rigu.'cs: oiovvina to-vvfct * iiw-w, "'V~yV r*-1 ` STATE OF ILLINOIS SE. PP COUNTY OF C 0 0 K IN THE SUPERIOR COURT OF COOK COUNTY, ILLINOIS PEARL H. BRENKLAU Plaitlff, JOHNS-HANVILLE PRODUCTS CO., a corporation, and JOHKSHANVILLE SALES CORPORATION, a corporation, jLs 5059 ^---ntrrffiriTTnnrimnuminmnsii r 1rum -^ n 1% COMPLAINT AT LAW Not; comes the plaintiff, PEARL H. BARENKLAU, by hie attorneys, JOHNSON, PENSE & BRAKDELL, and complains of the de fendants, JOHNS-MAHVILLE PRODUCTS COMPANY, a corporation, and JOHNS-HANVILLE SALES CORPORATION, a corporation, as follows: 1. The defendants, JOHNS--MAHVILLE PRODUCTS COMPANY and JOHNS-MANVILLE SALES CORPORATION, are foreign corporations, qualified to do business in the State of Illinois, and are en gaged in the business of manufacturing and selling building ma terials* 2. That on March 9th 193^ the said defendants owned and operated a factory for the manufacture of building mate rials in Waukegan, Illinois; that on the aforesaid date, and for a period of four years, excepting the period of from March, 1932, to July, 1933, prior thereto, plaintiff was employed by the de fendants as a laborer in ah id factory; that his duties consisted of shovelling and mixing materials among which were rubber, asphalt, r.ilica, ground wood-fibre, asbestos fibre, gilsonite and titonium oxide, paints and coloring matter; and that varioi 1* fuiiit*^, unueti J.'tiu ; rose l r-^in i.*ij uh^/i Llii^ ,irtO mixing, and thn 1, a u n result thereof, pintntiff was expoBed and subject- '-7'' >*-tv< ed to the inhalation of the verious fumes, gneec and duBta. 3* That said defendants knew, or should have known, ^ tint the inhalation of the various aforesaid fumes, gases and dusts was apt to and did produce illnesReB and diseases in the plaintiff, of which the plaintiff now complains, which illness- ee and dieeaceo are peculiar to such work and operations carried on and uBed in said business, and that the same did necessarily subject plaintiff to dangers of illnesses and diseases incident a to such work end process of carrying on said business,- to which I employees were and are not ordinarily exposed in other lines of employment. k* That plaintiff was caused to and did, during the period aforesaid, necessarily inhale large quantities of silica dust and other fumes,, gases and dusts through his nose and 1 mouth, and said silica dust, and other said fumes, gases and dusts, became lodged in hie throat and lungs, causing the ill- ncseee and diseases complained of, while he, the plaintiff, waQ in the exercise of due care and caution for his own personal health and safety. 5* That plaintiff was in entire ignorance of the dangerous character of the various fumes, gases, and dusts to - which he was exposed, and to the specific nature of the illnesses r and diseases that would or could result from the inhalation of the aforesaid fumes, gases and dusts, and was never, at any time, informed by the defendants, or any agents of the said defend ants, of the fact th.^t such danger did or could possibly exist, 6. That the defendants, during the aforesaid time and at the aforesaid place, did one or other of the following acts, thereby causing the plaintiff to contract silicosis, pneumonoconlosis, nlderosie, asbestocis and tuberculosis, and ae a result whereof, he has lost considerable weight, and has p. been incapacitated nnd weakened co that he cannot perform any work for which he in fitted; he has suffered grerit mental and physical pain and anguish, and will continue so to suffer for the rest of his life; he has become liable for and expended large sums of money in and about endeavoring to be cured; and he has been kept from his usual occupation and has lost the pecu niary gains which he might have made had he been employed: (A) Wilfully failed to provide reasonable and ap 5 lJ proved devices, methods or means for the prevention of said di sease, contrary to the provision of Section 1 of the Act entitled *'An Act to Promote The Public Health by protecting certain em ployees in this State fro the dangers of occupational diseases and providing for the enforcement thereof," of the State of Illi nois, and in this that there were in and about the said factory no proper suction fans, or other apparatus, providing for collect X ing the injurious fumes, gases and dusts in the air in the roomB in said factory' where plaintiff worked; that defendants failed to provide masks or respirators or other apparatus to be used or worn by said plaintiff to protect him from inhaling the said fumes, gases and dusts, which impregnated and floated in the air in and about the said rooms, ae provided by said Statute, and which effectively would have prevented him from contracting the diseases herein complained of. (B) Hegligently failed to remove, as far as practica ble, by either ventilation or exhaust devices the aforesaid in jurious fumes, gases and dusts from the rooms in which plaintiff worked, contrary to Section 12 of an Act, entitled "An Act To provide for the health, safety and comfort of employees in fac tories, mercantile establishments, mills and workshops in this State, and to provide for the enforcement thereof," of the State of Illinois. (C) negligently caused and permitted the premises to be swept so as to raise dust contrary to Section 1J of an Act, 5. ''f*l*1 '** A*1 -l^ 1' * * '** 1^ J"*r f'*** M * 1t*n i t>nl .ty fui.1 comfort of employees in fnctoricr., mercantile crstablishmenti;, mills and workshops in this Sitate, and to provide for the enforcement thereof," of the St-te of Illinois. 7. Plaintiff prays for judgment in tho amount of $50,000.00 for the foregoing damages. JOHNSONt PEI?SE & b r a :<d e l l Attorneys for Plaintiff, 20S W. Washington Street, Chicago. Tel. Franklin 2SO.J. .,'.\'t;> STATE OF ILLINOIS SS COUNTY OF C 0 0 K n*i-***.< >*xi^*'<'-* in tue superior court of cook county ) PEARL H. RRENKLAU ) VS )) JOHNS-KANVILLE PRODUCTS GO. ) a corporation, and JOHNS- ) ) UANVILLK SALES CORPORATION, ) a corpox*ation No, 34S 5059 NOTICE To: Johnson, Pense & Brandell 208 West Washington Street Chicago, Illinois PLEASE TAKE NOTICE That on Friday the 18 day of May, A.D. 1934, at the opening of Court, or as soon thereafter as counsel can be herrd, we shall appear before his * Honor, Judge Stanton, in the room in the County Building usually occupied by him a Court Room, or in his absence before suoh other Judge as may be sitting in hio stead, and shall then and tnere move the Court to enter an order removing the above entitled cause to the District Court of the United States for the Northern District of Illinois, Eastern Division, and in support of such motion ah&ll prosent a petition and bond, as per copies attached hereto, at which time and place you may appear if you so eee fit* Beth fc Lister iftbrneya for dfendants* BTAT OF ILLIKCi:; ea. county or c o o x is Tiis supi^ioa ccim? or cocx county FKiHL H. BARINSLAU ) jCHao-iJAyvii*i.t: pnouucTe 00., a corporation, and *A87ILt SALHU OOUKUUTIQS, a corporation. Ho. 3 5059 NOTICE To; Johnson, P0T139 & Branddll 203 'fsst '7aohiugton Btreei Oblongo, Illinois 1 // PILAUS TAXE SOflCS That on , tbo / O day cf May, A* U. 193^* at Vho openingdr Court, cr 113 coin thor.:after c.n counsel/cnn.^i^iienrd, w snail appear before his Honor, Judge in the roo* tn the County Building usually oocupiod oy M u as a Court 1'ooa, or in hie abeenco before ouch other Judc;e ao may be sitting In hie stead, and shall then and there 070 the Court to enter an order reaovins: the above entitled cause to the District Court of the United Ctateo for the Northern District of Illi nois, Eastern Division, and In support of such uotion shall present a petition and bo id, as per copies attached hereto, at *rhich tine and place you may appear if you no see fit* UTAT- OV ILLTMJ13) ) Si?. ccujm o:-* o o o x; * IS TIB SUPERIOR COURT 0S' COOS COUSTT PSAnii H. DARZSKXhJVU ) Va. _ ) jCKsa-UAavtUiS products co., a ) corporation, and DH33-HAXV1M& ) B\I~:a ccRPOrtATXOS, a corporation. } So. 3^3 0^9 X Ji X X J X 2. ThO petition of jrcHatJ-aAHVTLtS PRODUCTS CCRPCRATip, a corporation, aiid JOH'JG--oJASTILha BALC> CORPORA fIOZi, a corpora-- / tion, balng dofondant in the cbova entitled c&uaa, r9opot-- ' fully represent unto the Court* 1 , That tho nboTo ontltlad oai la brought by tbs plaintiff, P-ZAUi. H. CARezntLAU, to soaovex of he defendants usaadL thoroln tho eua of fifty Thousand ($50,000) iitilar* for alleged, injurIt 3 in tha nature of an oooupaiional illness 07 dlo-oa.39 to tha plaintiff, and in nholly of a civil nature} that the natter end (mount In dispute In said suit crossdo, sroluslvs of InIsrest and ooats, the uua of Thins Thousand (53,OCO) Dollarf all of which rill aore fully appear by the coiisplnint filu ia oaid suit, rhloh ia hsroby referred to sad m d s a part hsraofj that tbsro is a controversy in sid suit which io holly boinosn citi zens of different States; that the dsfondants, JDIlh'O-1!A27YILIZ PRODUCTS CCnroitATIOil, a oorpor-.tlon, and JOIlSn-KAHYIMUS SALSO c o r p o r a TI01f, n corporation, are forolgn corporations, and were. 1. **** "t i\\s tiuu oj U n O'* .iit.jnee of i^id ou!t# or.d otllX ?.x+, curpgrrUoaa duly ioru.dd, created, aiui oxgoalrod uaaoar und ^* X>7 virtu of fclva lavr of tho Jutta of Dolarsrare, aaU wax* thea *./' , *-i and oMXX aro c it iz e n # of ttw Stafeo o f I^lsMarardj thafc r^AKL M. iUZi^UXLAU, p l a i n t i f f # tvao, a t tho tiwii o f tho oou^dnovaiont o f tria su it*, and o t l l l ii3> a c i t l t e n and re n id o n i o f Ututo . of Illin o lo , 2 * Tiuit the tiu* .ithln hiote. Uio uaid dafsndnnta nro Td^uixod l>jr tho lavra of th$ statin of I llin o is mid tho ruins and protico v* t'liC Court to mwiwr or pluad In eaid. cu lt has not yot ojeplred. 3 Thui ths oof ajwinalg ash and ills horopith a bond ia iho sun vi STVf irj'fBHSB (lyCO) uOLLAPS with good and suffi-- oioat surety for their entering in th* District Court of tha United Btatoa for the sorthorn District of Illinois, testers Division, ithin thirty 0070 froa the date of filing of this petition a.'certified copy of the record in this suit and for paying all costs that any he euardeti by aid Pis trio Court if it shall hold that this suit wan wrongfully or lrapro?-*rly xoaovad thereto. iMKHSKOtS, dtffsndants, JOKlTO-MArviLLS PSODUCiS CCTlrOHATIOi a. corporation, and JC}iii3*JiAKVILLK 3Ahr: COHPCSATXC3, & corporation, prey that this Oourt proceed no further herein eaoept to ss-iita en ordax of removal as required t>7 law and to accept tha bond presented herewith r.nd direct a txaaeoxipt of the record heroin to be uado for said District Court of the 2. t!tctoa for th> *.*ort-.orn Clvl r.lan, no -,rovi;tetf by Ion. irSriat of Illlnoin, itantern :alss o c w o t u t i , a corporation. iaazL. sto TAT*. 0* ILi-LiA-'i.') j ClfJ JOili JlY.'.'t, baiti.;.; iltfit rjuly WQTO, Ott OH u dspoaaa and naya that *u It? a ,,vombur of tha first of fto*h A lAa*osp and la osi 0* tbo attorneys of rocord of and fey tion, and jQH3s>-aMivXU,:i MIS'? cORPO.V.riOH, r corporation, Xtx tbo above en titled onus?, tb potS.tion.irs namoU In iho foro-- going p etition; that ha boa road tb-j cauo and bollavo3 ha cao to ba tins} and a f f ia n t further 3070 th at sa id potltloneya or absent frea and ari non-rooichmia of tho oounty of Cook, State of X lltn o io , In %'hlch unlei rrult la brought, and that than ora no offlooro of cafundanta v i thin tbs .Stato of Illlan ip to naka this verification , and that affiant esakaa this a ffi davit for tlvj xo&aon that tho tloi eadonta and thoir officera oro nbaont iron rowl non-rside ut a of tbo County of Cook, Stata of I llin o is , in -hicb aid suit is brought. ^ ^/ ILLI I sa. j o w : y u/ o o o z IK TUB SUPBIlIO;t CO'JKT 07 COOK COURT? FBAM, il. BARSHXLAU VS. JOKN3-24 ANVIIiliB PRCDUOT-3 CO. j a corporation, and J0HJU'3KAEVILLS SA1,23 CORPORAilOS* a corporation Ko. 3^3 5059 ORDER This cause coming on for hearing upon the petitipn and bond of tha defendants herein fox an order transferring ^hio cause to the United States District Court for the northern District of Illinois, Eastern Division, and it appearing to the Court that the defendants have filed their petition for such removal in due form of lan, and that the defendants have filed their bond, duly conditioned, with good and suffioiont sureties as provided by law, and that defendants have given plaintiff dua and legal notice thereof; and it appearing to the Court that this io a proper cause for removal to said District Court, IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that said petition and bond are hereby accepted and that Vais cause ba and it is hereby removed to the United Dtatfes District Court fox the Northern District of Illinois, Eastern Division* and the olexfc is hereby directed to mafce up the record in said cause for transmission to said Court forthwith* ENTER l d,Jj{ud*Y\ J u d g <T .