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KAPELSKI v. ALTON & SOUTHERN R.R.

No. 75-171.

36 Ill. App.3d 37 (1976)

343 N.E.2d 207

WILLIAM KAPELSKI, JR., Plaintiff-Appellee, v. THE ALTON & SOUTHERN RAILROAD et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Rehearing denied March 10, 1976.

Attorney(s) appearing for the Case

Dixon, Starnes, Nester, McDonnell & Stegmeyer, of Belleville, for appellant Missouri Pacific R.R. Co.

Walker & Williams, P.C., of Belleville, for appellant Alton & Southern R.R.

Cohn, Carr, Korein, Kunin & Brennan, of East St. Louis (Rex Carr, of counsel), for appellee.

Affirmed in part, reversed in part, and remanded.

Mr. JUSTICE EBERSPACHER delivered the opinion of the court:

Plaintiff, William Kapelski, Jr., filed a two-count complaint in the circuit court of St. Clair County. The first count alleged that defendant Alton & Southern Railroad was liable under the Federal Employers' Liability Act (45 U.S.C. § 51 et seq.) for injuries he sustained on July 6, 1970...

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