CHESNY v. MAREK

No. 82-2927.

720 F.2d 474 (1983)

Alfred W. CHESNY, Individually, and as Administrator of the Estate of Steven Chesny, Deceased, Plaintiff-Appellant, v. J. MAREK, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 3, 1983.

Rehearing and Rehearing Denied January 20, 1984.


Attorney(s) appearing for the Case

James D. Montgomery, James D. Montgomery & Assoc. Ltd., Chicago, Ill., for plaintiff-appellant.

Donald G. Peterson, Schaffenegger, Watson & Peterson, Ltd., Chicago, Ill., for defendants-appellees.

Before WOOD and POSNER, Circuit Judges, and GORDON, Senior District Judge.


Rehearing and Rehearing En Banc Denied January 20, 1984.

POSNER, Circuit Judge.

Rule 68 of the Federal Rules of Civil Procedure allows a defendant, up to 10 days before the trial begins, to "serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued." If the offer is rejected and "the judgment finally obtained by the offeree is not more favorable...

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