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E & E HAULING, INC. v. FOREST PRESERVE DIST. ETC.

No. 79-1545.

613 F.2d 675 (1980)

E & E HAULING, INC., Plaintiff-Appellant, v. FOREST PRESERVE DISTRICT OF DUPAGE COUNTY, ILLINOIS and H. C. Johnson, Individually and as Director of the Forest Preserve District of Du Page County, Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 1980.

Rehearing and Rehearing Denied March 3, 1980.

Attorney(s) appearing for the Case

Michael J. Rovell, Jenner & Block, Chicago, Ill., for plaintiff-appellant.

Richard A. Makarski, Chicago, Ill., for defendants-appellees.

Before CASTLE, Senior Circuit Judge, and PELL and WOOD, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 3, 1980.

HARLINGTON WOOD, Jr., Circuit Judge.

This appeal comes to us from the district court's dismissal of appellant's complaint for failure to state a federal claim. We have decided that the complaint stated a cause of action under the contract clause of the United States Constitution, art. 1, § 10, and thus reverse and remand the case for further proceedings.

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