HERNANDEZ v. DANAHER

No. 74 C 3473.

405 F.Supp. 757 (1975)

Juan HERNANDEZ, and Maria Hernandez, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. Matthew J. DANAHER, Clerk of the Circuit Court of Cook County, Individually and in his official capacity and on behalf of all other persons similarly situated, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

December 19, 1975.


Attorney(s) appearing for the Case

Fred Lieb, Alan Dockterman, of Legal Assistance Foundation of Chicago, James Latturner, Catherine Reichelderfer, of Legal Assistance Foundation of Chicago, Chicago, Ill., for plaintiffs.

Bernard Carey, State's Atty. for Cook County, William J. Scott, Atty. Gen. of Ill., and George L. Grumley, Sp. Asst. Atty. Gen., Chicago, Ill., for defendants.

Before PELL, Circuit Judge, and FLAUM and KIRKLAND, District Judges.


KIRKLAND, District Judge.

This matter comes before the Court on motion of defendants to dismiss the complaint for failure to state a claim upon which relief could be granted. Plaintiffs have cross-filed for summary judgment on entitlement to declaratory and injunctive relief. Further, on instruction by the Court, the parties briefed the issue of whether, in light of Huffman v. Pursue Ltd., 420 U.S. 592, 95 S.Ct. 1200, 43 L.Ed...

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