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CHANCE v. COUNTY BD. OF SCH. TRUSTEES OF McHENRY COUNTY, ILL.

No. 14358.

332 F.2d 971 (1964)

Kenneth J. CHANCE and Betty Chance, his wife, Plaintiffs-Appellants, v. COUNTY BOARD OF SCHOOL TRUSTEES OF McHENRY COUNTY, ILLINOIS, a corporation of Illinois, and Board of Education of McHenry County Community High School, District No. 156, of the City of McHenry, an Illinois corporation, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

June 10, 1964.

Attorney(s) appearing for the Case

Richard G. Bodenstab, Hugh M. Matchett, Victor M. Theis, Joseph W. Grady, Chicago, Ill., for appellants.

John E. Looze, McHenry, Ill., Albert J. Horrell, Chicago, Ill., for appellees.

A. Howard Borde, Chicago, Ill., for County Bd. of School Trustees of McHenry County, Illinois, for the use and benefit of Bd. of Ed. of McHenry County Community High School, Dist. No. 156, of the City of McHenry and State of Illinois, defendant-appellee.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This case involves two jurisdictional questions, one relates to diversity and the other to the presence of a federal question. The appeal is based on errors claimed to have arisen because the district court dismissed the action for lack of jurisdiction. The essential jurisdictional facts follow.

Kenneth J. Chance and his wife, Betty Chance, brought suit in the district court to set aside a judgment which had been entered on August 2...

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