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PHILLY'S v. BYRNE

Nos. 83-1945, 83-1946.

732 F.2d 87 (1984)

PHILLY'S, the Original Philadelphia Cheese Steak, Inc., Plaintiff-Appellant, v. Jane M. BYRNE, as Mayor and as Liquor Control Commissioner of the City of Chicago, Defendant-Appellee, and Illinois Liquor Control Commission, Defendant-Intervenor-Appellee. LOS FARRALLONES, INC., an Illinois Corporation, Jorge Aristizabal, and Nick Andrews, Plaintiffs-Appellants, v. Jane M. BYRNE, as Mayor and as Liquor Control Commissioner of the City of Chicago, Defendant-Appellee, and Illinois Liquor Control Commission, Defendant-Intervenor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 19, 1984.

As Amended on Denial of Rehearing May 29, 1984.

Attorney(s) appearing for the Case

Richard L. Cantor, Chicago, Ill., for plaintiffs-appellants.

Lynn K. Mitchell, Asst. Corp. Counsel, for defendant-appellee.

Kathleen Lien, Asst. Atty. Gen., Chicago, Ill., for defendant-intervenor-appellee.

Before WOOD, ESCHBACH and POSNER, Circuit Judges.

POSNER, Circuit Judge.

These appeals are from the dismissal, on the defendants' motion for summary judgment, of a suit under section 1 of the Civil Rights Act of 1871 (now 42 U.S.C. § 1983) against Chicago's (former) mayor and liquor control commissioner. The suit was for damages and injunctive relief, and alleged that the operation of Illinois' local-option liquor law, which so far as relevant here allows the voters in a precinct to vote the precinct "dry,"...

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