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CASTRO v. CHICAGO, ROCK ISLAND & PAC. R.R. CO.

No. 53230.

83 Ill.2d 358 (1980)

415 N.E.2d 365

FRANK CASTRO, JR., Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Illinois.

Rehearing denied January 29, 1981.

Attorney(s) appearing for the Case

Westervelt, Johnson, Nicoll & Keller of Peoria (Wayne L. Hanold and David R. Aplington, of counsel), for appellant.

John T. Pierce, Jr., of Paul L. Pratt, P.C., of East Alton, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE MORAN delivered the opinion of the court:

The plaintiff, Frank Castro, Jr., filed a three-count complaint in the circuit court of Peoria County against defendant, Chicago, Rock Island and Pacific Railroad Company, under the Federal Employers' Liability Act (FELA) (45 U.S.C. sec. 51 et seq. (1976)). The trial court granted defendant's motion to dismiss counts I and II on the basis of release...

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