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HINMAN v. LINCOLN TOWING SERVICE, INC.

No. 84-2628.

771 F.2d 189 (1985)

Nance B. HINMAN, Individually and on Behalf of all those similarly situated, Plaintiff-Appellant, v. LINCOLN TOWING SERVICE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1985.

Attorney(s) appearing for the Case

Daniel Galatzer, Lamet, Galatzer & Associates, Chicago, Ill., for plaintiff-appellant.

Jon W. Knudson, Edward P. O'Brien, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before WOOD, COFFEY and EASTERBROOK, Circuit Judges.

COFFEY, Circuit Judge.

This litigation hinges on whether a commercial relocator's retention of a trespassing vehicle — removed from private property pursuant to a request from or contract with a private landowner — until it receives a money payment from the vehicle's owner, as permitted by Ill.Rev.Stat. ch. 95½ ¶ 18a-501 (1983), constitutes an act properly attributable to the State of Illinois. The district court found no state action and dismissed...

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