No. 82-1915.

709 F.2d 471 (1983)

CONTINENTAL INSURANCE CO., Plaintiff-Appellant, v. ILLINOIS DEPARTMENT OF TRANSPORTATION, Illinois Secretary of Transportation, and Tyrone C. Fahner, Attorney General of the State of Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 8, 1983.

Attorney(s) appearing for the Case

Michael D. O'Keefe, Thompson & Mitchell, East St. Louis, Ill., for plaintiff-appellant.

Kathryn Spalding, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before BAUER and POSNER, Circuit Judges, and JAMESON, Senior District Judge.

POSNER, Circuit Judge.

This is a suit under section 1 of the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Declaratory Judgment Act, 28 U.S.C. § 2201, to declare that section 8(d) of the Illinois Court of Claims Act, Ill.Rev.Stat. 1981, ch. 37, ¶ 439.8(d), violates the equal protection clause of the Fourteenth Amendment by placing a $100,000 limit on the state's liability in a tort suit not arising out of the operation of a motor vehicle but no...

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