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RINEHART v. LOCKE

No. 18808.

454 F.2d 313 (1971)

Joseph F. RINEHART, Plaintiff-Appellant, v. Gloria D. LOCKE, Administrator of the Estate of Arnold R. Locke, Deceased, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

December 6, 1971.

Attorney(s) appearing for the Case

Richard E. Dowdle, Dowdle, Moscato, Ramsey & Egan, Chicago, Ill., for plaintiff-appellant.

Michael Silverman, Edward V. Hanrahan, State's Atty., Chicago, Ill., for defendants-appellees; Daniel P. Coman, Chief, Civil Div., Theodore A. Shapero, Asst. State's Atty., of counsel.

Before SWYGERT, Chief Judge, and FAIRCHILD and STEVENS, Circuit Judges.

FAIRCHILD, Circuit Judge.

On June 17, 1970, plaintiff filed a complaint seeking damages and claiming that an arrest on November 24, 1964 deprived him of rights secured by the constitution. As one defense, defendants asserted that the matter was res judicata by virtue of dismissal on May 15, 1969 of a complaint based on the same arrest. The district court sustained the defense of res judicata and dismissed the action. Plaintiff appealed. Defendants also raised, in...

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