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NESTLE USA, INC. v. DUNLAP

No. 4-05-0900.

852 N.E.2d 282 (2006)

365 Ill. App.3d 727

NESTLE USA, INC., Plaintiff-Appellant, v. Donald DUNLAP and The Industrial Commission of Illinois, Defendants-Appellees, and Frederic Nessler and Michael McDonald, Defendants.

Appellate Court of Illinois, Fourth District.

June 1, 2006.

Attorney(s) appearing for the Case

Eugene F. Keefe (argued), Keefe & Associates, L.L.C., Chicago, for Nestle USA, Inc.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Jan E. Hughes, Assistant Attorney General (argued), Chicago, for Donald Dunlap, Frederic Nessler, Michael McDonald, and the Industrial Commission of Illinois.

Justice COOK delivered the opinion of the court:

Plaintiff, Nestle USA, Inc. (Nestle), brought an action seeking declaratory relief from a ruling by arbitrator Ruth White of the Illinois Workers' Compensation Commission (Commission) (formerly the Illinois Industrial Commission) regarding reinstatement of Donald Dunlap's workers' compensation claim. Plaintiff also sought to enjoin the Commission from further hearing Dunlap's claim. Plaintiff presented a motion for...

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