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HENRY v. FARMER CITY STATE BANK

No. 85-3365.

630 F.Supp. 844 (1986)

John T. HENRY and Evelyn I. Henry, Plaintiffs, v. FARMER CITY STATE BANK, an Illinois Banking Corporation, George E. Drake, Dean Bright, Richard K. Drake, Robert E. Drake, Stuart B. Drake, F. Dick Maxwell, Ortheldo A. Peithman, Beryl W. Rutledge, James E. Tobin, William A. Rutledge, Ronald L. Vance, Cheryl Dawson, John N. Stevens, Stephen Peters, Donald Massey, James W. Evans, Terry Scott, City of Farmer City, a municipal corporation, Marvin Haycraft, James Richmond, Bill Perhay, Bill Perhay Chevrolet Inc., Phillip R. Lamkin, Raymond Moss, Obermeyer Transfer Co., Dennis Johnson, Oscar Ogle, and The Champaign National Bank, a National Banking Association, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

As Corrected March 20, 1986.

Attorney(s) appearing for the Case

Jack C. Vieley, Peoria, Ill., Carol Hansen Fines, Springfield, Ill., Howard W. Small, Champaign, Ill., Patrick J. Cadigan, Springfield, Ill., Rudasill & Rudasill, Clinton, Ill., Bruce Gammage, Gregory Gammage, Farmer City, Ill., Charles L. Palmer, Arnold F. Blockman, Jerome P. Lyke, Champaign, Ill., for plaintiffs.

Wayne L. Hanold, James Morrison, Arthur G. Greenberg, Daniel L. Johns, Peoria, Ill., Ray Moss, Clinton, Ill., James C. Kearns, Urbana, Ill., John Naylor, Bloomington, Ill., William A. Peithman, Farmer City, Ill., Howard W. Small, Champaign, Ill., Susan M. Hickman, Charles H. Cole, Springfield, Ill., for defendants.

ORDER AND OPINION

MILLS, District Judge.

Can this Court enjoin state proceedings on the identical facts filed after a final decision in this case has been handed down and while that final decision is on appeal?

Yes.

Introduction

This case began as a common, garden variety bank foreclosure and has ended as a civil RICO action (18 U.S.C. § 1964), dismissed with prejudice by this Court.

Involved here is a bankrupt...

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