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EVANS v. CITY OF CHICAGO

Nos. 81-1150, 81-1344.

689 F.2d 1286 (1982)

Sylvia EVANS, Administrator of the Estate of Andrew Evans, Deceased, Plaintiff-Appellant, Cross-Appellee, v. CITY OF CHICAGO, Clark Burrus and William R. Quinlan, Defendants-Appellees, Cross-Appellants, and Bertha BALARK, Dana Balark, Anne Balark and Dane Balark, by themselves and for all others similarly situated, Plaintiffs-Appellants, Cross-Appellees, v. CITY OF CHICAGO, a municipal corporation; and Daniel Grim, as Comptroller of the City of Chicago, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Re-Argued January 6, 1982.

Decided September 27, 1982.

Attorney(s) appearing for the Case

John Bernard Cashion, Chicago, Ill., for plaintiff-appellant, cross-appellee Evans.

Edward T. Stein, Chicago, Ill., for plaintiffs-appellants, cross-appellees Balark.

Maureen Kelly, Corp. Counsel, Chicago, Ill., for defendants-appellees, cross-appellants.

Before SWYGERT and FAIRCHILD, Senior Circuit Judges, and THOMAS, Senior District Judge.

FAIRCHILD, Senior Circuit Judge.

After five days of trial in the Circuit Court of Cook County, Sylvia Evans settled her action against the City of Chicago (City) for the wrongful death of Andrew Evans. On January 30, 1976, the settlement resulted in the entry of a $67,500 judgment against the City.

In 1977, Bertha, Dana, Anne, and Dane Balark brought a civil rights action under 42 U.S.C. § 1983 against six City policemen. The parties settled that case...

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