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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. 5-02-0287

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH 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.

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)		 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.