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KIRBY v. ILLINOIS CENTRAL GULF R.R. CO.

No. 4-83-0177.

117 Ill. App.3d 1070 (1983)

454 N.E.2d 816

KENNETH S. KIRBY, Plaintiff-Appellant, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed September 27, 1983.

Attorney(s) appearing for the Case

Glenn A. Stanko, of Reno, O'Byrne & Kepley, of Champaign, for appellant.

Phebus, Tummelson, Bryan & Knox, of Urbana (Joseph W. Phebus and Janet A. Flaccus, of counsel), for appellee.

Order affirmed.

JUSTICE MILLER delivered the opinion of the court:

On June 18, 1982, Kenneth S. Kirby filed a two-count complaint against the Illinois Central Gulf Railroad Company based upon the railroad's alleged unlawful refusal to hire him. Count I of the complaint was brought under the Equal Opportunities for the Handicapped Act (Ill. Rev. Stat. 1979, ch. 38, par. 65-21 et seq.) (EOHA). Count II alleged breach of contract. The trial court dismissed...

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