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LaDUKE v. BURLINGTON NORTHERN R. CO.

No. 88-3121.

879 F.2d 1556 (1989)

James R. LaDUKE, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1989.

Attorney(s) appearing for the Case

John B. McCarthy, Don C. Aldrich, Yaeger & Yaeger, Minneapolis, Minn., Frank R. Christian, Chicago, Ill., for James R. LaDuke.

John Newell, Wysoglad & Associates, Chicago, Ill., for Burlington Northern R. Co.

Before POSNER, EASTERBROOK, and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

James R. LaDuke filed a negligence claim against the Burlington Northern Railroad Co. (Burlington Northern) under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60, in the Circuit Court of Peoria County, Illinois on April 25, 1988. Burlington Northern filed a motion to dismiss or transfer the action on the ground of forum non conveniens. Then, on June 6, 1988, Mr. LaDuke filed this action raising the identical claim in...

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