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DUNN v. PEABODY COAL CO.

No. 87-2433.

855 F.2d 426 (1988)

Helen DUNN, as Executor of the Estate of Darrell R. Dunn, Deceased, Individually, and for the benefit of Tawnia Dunn, a Minor, and Darrin Dunn, a Minor, Plaintiff-Appellant, v. PEABODY COAL COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 1988.

Attorney(s) appearing for the Case

Harold B. Culley, Jr., West Frankfort, Ill., for plaintiff-appellant.

William A. Schmitt, Thompson & Mitchell, Belleville, Ill., for defendant-appellee.

Before POSNER, COFFEY and EASTERBROOK, Circuit Judges.

COFFEY, Circuit Judge.

Plaintiff-appellant Helen Dunn, executor of the estate of Darrell Dunn, appeals the district court's dismissal of her amended complaint against the defendant, Peabody Coal Company, seeking compensation for the wrongful death of her husband. The district court dismissed the complaint noting that the plaintiff had previously received benefits from Darrell's employer under the Illinois workers' compensation statute, and Ill.Rev.Stat. ch. 48 §...

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