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LENARD v. ARGENTO

Nos. 80-2602, 80-2666, 81-2036 and 81-2434.

699 F.2d 874 (1983)

Bennie LENARD, Plaintiff-Appellee, Cross-Appellant, v. Robert ARGENTO & Joseph Sansone, Defendants-Appellants, v. VILLAGE OF MELROSE PARK, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 1983.

As Modified February 15, 1983.

Rehearing Denied March 10, 1983.

Attorney(s) appearing for the Case

John G. Poust and Stephen E. Sward, Rooks, Pitts, Fullagar & Poust, Frank Glazer, Chicago, Ill., for defendants.

Cecile Singer and Edward T. Stein, Singer & Stein, Chicago, Ill., for plaintiff-appellee, cross-appellant.

Before PELL, Circuit Judge, CUDAHY, Circuit Judge, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

This case arises from the events of January 31, 1977 involving plaintiff-appellee, Bennie Lenard, and several police officers of the Village of Melrose Park, Illinois. The particular events of the case are disputed but we will attempt to provide a fair summary of the facts.

Lenard, a 41 year old black mechanic, discovered when he left work at 7:00 A.M. on January 31 that his car had a flat tire. While waiting for the spare tire...

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