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WARRINGTON v. ELGIN, JOLIET & EASTERN RY. CO.

No. 89-2240.

901 F.2d 88 (1990)

John WARRINGTON and Shirley Warrington, Plaintiffs-Appellants, v. ELGIN, JOLIET & EASTERN RAILWAY COMPANY, a/k/a E.J. & E. Railroad, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 1, 1990.

Attorney(s) appearing for the Case

William S. Spangler, Sr., Spangler, Johnson & Associates, Gus J. Galanos, Merrillville, Ind., for plaintiff-appellant John Warrington.

George W. Gessler, Terence E. Flynn, Gessler, Flynn, Fleischmann, Hughes & Socol, Chicago, Ill., James E. McHie, McHie, Myers & McHie, Hammond, Ind., for defendant-appellee Elgin, Joliet & Eastern Ry. Co.

Before BAUER, Chief Judge, and EASTERBROOK and MANION, Circuit Judges.

BAUER, Chief Judge.

Appellants, John and Shirley Warrington, brought suit against the Elgin, Joliet and Eastern Railway Company ("EJ & E") for damages sustained by John Warrington ("Warrington") while he was working at the United States Steel ("USS") Gary Works Facility. The EJ & E is a subsidiary of USS and an independent rail service contractor which performs transportation functions for USS at the Gary facility. At the time of the accident, Warrington was...

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