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AHMAD v. NORFOLK & WESTERN RY. CO.

No. 89 C 7694.

735 F.Supp. 257 (1990)

Abdullah AHMAD, Plaintiff, v. NORFOLK & WESTERN RAILWAY COMPANY, a corporation, and Allied Products Corporation, a Delaware Corporation, Defendants.

United States District Court, N.D. Illinois, E.D.

January 19, 1990.

Attorney(s) appearing for the Case

John T. Papa, Pratt and Callis, P.C., Granite City, Ill., for Abdullah Ahmad.

Evan B. Karnes, II, David C. Bohrer, Oppenheimer, Wolff & Donnelly, Chicago, Ill., for Norfolk & Western Ry. Co.

Michael E. Rusin, Larry J. Chilton, Stevenson, Rusin and Friedman, Ltd., D. William Porter, Chicago, Ill., for Allied Products Corp.

ORDER

NORGLE, District Judge.

The motion of defendant, Allied Products Corporation, to dismiss Count II of plaintiff's complaint on the grounds that the claim contained in Count II is barred by the exclusive remedies provision of the Illinois Workers' Compensation Act, Ill.Rev.Stat. ch. 48, ¶ 138.5(a),1 is denied.

On a motion to dismiss, the allegations of the complaint as well as the reasonable inferences to be...

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