Russell v. Kinney Contractors, Inc.
Case Date: 07/30/2003
Court: 5th District Appellate
Docket No: 5-02-0287 Rel
NOTICE Decision filed 07/30/03. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. | NO. 5-02-0287IN THEAPPELLATE COURT OF ILLINOISFIFTH DISTRICT
TROY RUSSELL, DOUG CAMPBELL, MICHAEL GOETZ, EDWARD NUTANT, BRAD SCHAIVE, RANDY MAYHEW, LARRY RENOUD, and SHAWN ALTEMEIER, Plaintiffs-Appellants, v. KINNEY CONTRACTORS, INC., Defendant-Appellee. | ) ) ) ) ) ) ) ) ) ) ) ) | Appeal from the Circuit Court of Montgomery County. No. 01-L-27 Honorable Mark M. Joy, Judge, presiding. |
JUSTICE CHAPMAN delivered the opinion of the court: The plaintiffs, Troy Russell and other AFL-CIO union journeymen, appeal from thecircuit court's dismissal of their complaint alleging that the defendant, Kinney Contractors,Inc., falsely imprisoned them while they visited the defendant's premises to submitapplications for employment in response to the defendant's advertisement of employmentopportunities. The circuit court dismissed the plaintiffs' complaint pursuant to section 2-619of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 2002)), finding that the statecommon law action of false imprisonment was preempted by the National Labor RelationsAct (NLRA) (29 U.S.C. |