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DUNN v. PEABODY COAL CO.

Civ. No. 86-4247.

661 F.Supp. 504 (1987)

Helen DUNN, as Executor of the Estate of Darrell R. Dunn, Deceased, Individually, and For the Benefit of Tawnia Dunn, a Minor, and Darren Dunn, a Minor, Plaintiffs, v. PEABODY COAL COMPANY, A Delaware Corporation, Defendant.

United States District Court, S.D. Illinois, Benton Division.

June 2, 1987.

Attorney(s) appearing for the Case

Harold B. Culley, Jr., West Frankfort, Ill., for plaintiffs.

William A. Schmitt, Thompson & Mitchell, Belleville, Ill., for defendant.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Before the Court is defendant's Motion to Dismiss Plaintiff's First Amended Complaint. This is a diversity action involving Illinois plaintiffs and a Delaware defendant.

Plaintiff alleges that her deceased husband died as a result of an intentional tort committed by his employer, the defendant. The exclusivity provisions of the Illinois Workers Compensation Act would bar a common law recovery for his injuries...

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