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LOUDERMILK v. BEST PALLET CO., LLC

No. 10-1846.

636 F.3d 312 (2011)

Kevin LOUDERMILK, Plaintiff-Appellant, v. BEST PALLET COMPANY, LLC, and Dan Lyons, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 18, 2011.

Attorney(s) appearing for the Case

Alejandro Caffarelli (argued), Attorney, Caffarelli & Siegel, Chicago, IL, for Plaintiff-Appellant.

Joseph S. Messer (argued), Attorney, Messer & Stilp, Chicago, IL, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and WOOD and EVANS, Circuit Judges.

EASTERBROOK, Chief Judge.

Kevin Loudermilk worked at Best Pallet Company, where his principal task was to disassemble pallets and stack the wood for reuse. Multiple employees worked simultaneously on a "tear-down machine." Laborers at one end broke pallets into pieces, which were passed to others for stacking. Loudermilk contends that each side of the machine in the stacking area should have had at least two workers, but that Best Pallet assigned its staff so that...

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