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ADAMI v. GREEN GIANT DIV., A DIV. OF PILLSBURY CO.

No. 93 C 20152.

849 F.Supp. 615 (1994)

Robert M. ADAMI, Plaintiff, v. GREEN GIANT DIVISION, a DIVISION OF PILLSBURY COMPANY, a Corporation; Pillsbury Company, a Corporation; and Fluor Daniel, Inc., a Corporation, Defendants.

United States District Court, N.D. Illinois, Western Division.

April 29, 1994.

Attorney(s) appearing for the Case

Stephen S. Phalen, Anesi, Ozmon & Rodin, Ltd., Chicago, IL, for plaintiff.

David W. Porter, Larry J. Chilton, Stevenson, Rusin & Friedman, Ltd., Stephen E. Ford, Stephen B. Frew, David J. Kiesler, Peter R. Mennella, Kiesler & Berman, Chicago, IL, Edward R. Telling, Scott C. Sullivan, John J. Holevas, Stephen E. Balogh, Williams & McCarthy, Rockford, IL, for defendants.

MEMORANDUM OPINION AND ORDER

REINHARD, District Judge.

Plaintiff filed a two-count complaint seeking compensation for alleged injuries sustained on a work site under both the Illinois Structural Work Act, 740 ILCS 150 et seq., (Count I) and Illinois common law (Count II). Defendant, Fluor Daniel, Inc., responded with an affirmative defense to Count I arguing the Illinois Structural Work Act (ISWA) has been preempted by the Occupational Safety...

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