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GILLMAN v. BURLINGTON NORTHERN R. CO.

No. 88-2280.

878 F.2d 1020 (1989)

Richard L. GILLMAN, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 1989.

Attorney(s) appearing for the Case

Patrick S. O'Brien, Pratt & Callis, P.C., East Alton, Ill., for plaintiff-appellant.

John Newell, Kenneth J. Wysoglad & Assoc., Chicago, Ill., for defendant-appellee.

Before CUDAHY and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

This is an appeal from the district court's order granting the defendant's motion to dismiss for failure to state a claim, or alternatively, for judgment on the pleadings.1 The appellant had filed this action in the district court under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60, alleging negligent infliction of emotional distress, and the district court ruled that such a...

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