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HERMES v. HEIN

Nos. 82-3099, 83-2119.

742 F.2d 350 (1984)

John Michael HERMES, Burt Kaminsky, Arthur Hochstradter, Timothy Hillyer, Frank Murphy, Michael Rompala, Jr., Michael Staufenbiel, Dexter Gorski, Lawrence Parks, Bruce P. Batka, and William Sharpe, Plaintiffs-Appellants, v. William HEIN, individually and as President of the Village Board of the Village of Wheeling, Illinois; Jack Metzger, individually and as Chairman of the Board of Fire and Police Commissioners of the Village of Wheeling, Illinois; Jerome Vesecky, individually and as Secretary of the Board of Fire and Police Commissioners of the Village of Wheeling, Illinois; Alan Carlson, individually and as a member of the Board of Fire and Police Commissioners of the Village of Wheeling, Illinois; Ronald Bruhn; Robert Olson; Theodore Bracke, individually and as Chief of Police of the Village of Wheeling, Illinois; Billy Wayne Ralston; Jack Koenig; and the Village of Wheeling, an Illinois corporation and body politic, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1984.

Attorney(s) appearing for the Case

Michael J. Wall, Rothschild, Barry & Myers, Chicago, Ill., for plaintiffs.

Gary A. Weintraub, Jann, Carroll, Sain & Dolin, David A. Epstein, Chicago, Ill., for defendants.

Before CUDAHY, FLAUM, Circuit Judges, and BARTELS, Senior District Judge.

FLAUM, Circuit Judge.

This action, brought under 42 U.S.C. §§ 1983 and 1985, presents us with appeals from the district court's decisions granting the defendants' motions for summary judgment and awarding the defendants more than $89,000 in attorneys' fees and costs. For the reasons set forth below, we affirm the summary judgment ruling, but we remand the case for further consideration of the issue of attorneys' fees.

In the fall of 1978, the Board...

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