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MOONEY v. NORTHWEST ILL. REGIONAL COMMUTER R.R. CORP.

No. 98 C 1781.

128 F.Supp.2d 1178 (2001)

Willie E. MOONEY, Plaintiff, v. NORTHWEST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION, d/b/a Metra, Defendant. Northwest Illinois Regional Commuter Railroad Corporation, d/b/a Metra, Third Party Plaintiff, v. Spiros Stamelos, M.D., individually, and as agent of Stamelos Clinic for Orthopaedic Disorders and Stamelos Clinic for Orthopaedic Disorders, Third Party Defendant.

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

January 25, 2001.

Attorney(s) appearing for the Case

Robert J. Drummond, J. Dillon Hoey, James Louis Farina, James Timothy Foley, Holey, Farina & Downes, Chicago, IL, for Plaintiff, Willie E. Mooney.

Alan Barinholtz, Barinholtz & Gault, Chicago, IL, for Third Party Plaintiff, Northwest Illinois Regional Commuter Railroad Corp. d/b/a Metra.

Alan Barinholtz, Barinholtz & Gault, Chicago, IL, for Defendant, Northwest Illinois Regional Commuter Railroad Corp. d/b/a Metra.

Robert M. Collins, Martin P. Head, Bollinger, Ruberry & Garvey, Chicago, IL, for Third Party Defendant, Spiros Stamelos, MD.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is Spiros Stamelos's ("Dr.Stamelos") motion to dismiss the third party complaint of Northwest Illinois Regional Commuter Railroad Corporation, d/b/a Metra ("Metra"). For the following reasons, the court grants Dr. Stamelos's motion to dismiss.

I. BACKGROUND

A. Facts1

On January 14, 1997, Willie...

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