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PAYNE v. VILLAGE OF ELWOOD

No. 91-1266.

957 F.2d 517 (1992)

Ronald D. PAYNE, Plaintiff-Appellant, v. VILLAGE OF ELWOOD, and Illinois municipal corporation, and United States Coating Engineers, an Illinois corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 23, 1992.

Attorney(s) appearing for the Case

John M. McGarry, Mark L. Karasik, Baker & McKenzie, Stewart Stoller, John J. Heneley (argued), Chicago, Ill., for plaintiff-appellant.

Francis Spina (argued), David E. Trainor, Tressler, Soderstrom, Maloney & Priess, Charles E. Adler, Adler & Adler, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, COFFEY, Circuit Judge, and WISDOM, Senior Circuit Judge.

WISDOM, Senior Circuit Judge.

In this case we must decide whether a mayor's interest in an ongoing civic construction project was sufficient to make his municipality liable for damages suffered by one of the construction workers. On the facts of this case, the district court found that the mayor's level of involvement was insufficient to create liability under either the Illinois Structural Work Act or common law negligence for an injury suffered by an employee of...

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