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HORWITZ-MATTHEWS, INC. v. CITY OF CHICAGO

No. 95-2043.

78 F.3d 1248 (1996)

HORWITZ-MATTHEWS, INCORPORATED, Plaintiff-Appellant, v. CITY OF CHICAGO, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 1996.

Attorney(s) appearing for the Case

Steven H. Cohen, Jeremy W. Hobbs (argued), Krasnow, Sanberg & Cohen, Chicago, IL, for plaintiff-appellant.

Lawrence Rosenthal, Benna R. Solomon, Susan Haerr Zucker, Anne Berleman (argued), Susan S. Sher, Michael A. Forti, Mary Beth S. Robinson, Office of Corp. Counsel, Appeals Div., Chicago, IL, for defendant-appellee.

Before POSNER, Chief Judge, and BAUER and KANNE, Circuit Judges.

POSNER, Chief Judge.

Horwitz-Matthews, a developer, sued the City of Chicago for a declaration that the City had impaired the obligation of a contract between itself and the plaintiff in violation of the Constitution. The complaint contains a supplemental count, based on state law, for breach of contract. The district judge granted the City's motion to dismiss the constitutional count for failure to state a claim, Fed. R.Civ.P. 12(b)(6), and relinquished jurisdiction...

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