In the United States Court of Appeals For the Seventh Circuit ____________

No. 01-2139 ALLSTATE INSURANCE COMPANY, as subrogee of Sam Lakhia, Plaintiff-Appellant, v.

MENARDS, INCORPORATED, Defendant-Appellee. ____________ Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 99 C 1583—Harry D. Leinenweber, Judge. ____________ ARGUED NOVEMBER 8, 2001—DECIDED FEBRUARY 5, 2003 ____________

Before BAUER, RIPPLE and WILLIAMS, Circuit Judges. PER CURIAM. Familiarity with our previous decision in this case is assumed. See Allstate Ins. Co. v. Menards, Inc., 285 F.3d 630 (7th Cir. 2002). In that decision, we certified to the Supreme Court of Illinois the following question: What is the applicable statute of limitations in Illinois for an action for damage to property based on the doctrine of strict liability in tort when that action is brought within the applicable statute of repose? The Supreme Court of Illinois accepted our certification. In its later opinion, that court determined that the applica- 2 No. 01-2139

ble statute of limitations is five years. See Allstate Ins. Co. v. Menards, Inc., No. 93620, 2002 WL 31725416, at *5 (Ill. Dec. 5, 2002). The district court had dismissed this action because it believed that the applicable statute of limitations was two years. Because the Supreme Court of Illinois has now determined that the applicable statute of limitations is five years, we must reverse the judgment of the dis- trict court and remand the case to that court for proceed- ings. Allstate may recover its costs in this court. REVERSED and REMANDED

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_____________________________ Clerk of the United States Court of Appeals for the Seventh Circuit

USCA-02-C-0072—2-5-03