GRIMM, Chief Judge.
In his original and first amended petitions, plaintiff sued defendant Midwest Parts for negligence. On March 16, 1994, Midwest Parts filed a motion to dismiss for lack of subject matter jurisdiction. Midwest Parts claimed plaintiff was its statutory employee.
While that motion was pending, plaintiff sought leave to file a second amended petition. Leave was granted on May 10, 1994, and a copy of the amended petition was filed and mailed...
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