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DUNLAVEY v. ECONOMY FIRE AND CAS. CO.

No. 89-1584.

887 F.2d 893 (1989)

Francis C. DUNLAVEY, and Lila Dunlavey, Appellants, v. ECONOMY FIRE AND CASUALTY CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 17, 1989.

Attorney(s) appearing for the Case

Robert S. Kinsey III, Mason City, Iowa, for appellants.

Michael A. Paull, Chicago, Ill., for appellee.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

LAY, Chief Judge.

The plaintiffs appeal an order of the district court1 dismissing their state tort claims against Francis Dunlavey's former employer. The suit involves emotional injury (depression) Dunlavey allegedly suffered during the course of his employment. The district court found that the injury arose out of and was in the course of Dunlavey's employment and that the claims were therefore barred by the exclusivity provision of...

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