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SHERROD v. BERRY

No. 85-3151.

856 F.2d 802 (1988)

Lucien SHERROD, Individually and as Administrator of the Estate of Ronald Sherrod, deceased, Plaintiff-Appellee, v. Willie BERRY, Frederick Breen and the City of Joliet, a municipal corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 1988.

Attorney(s) appearing for the Case

William W. Kurnik, Kurnik & Cipolla, Arlington Heights, Ill., for defendants-appellants.

Andrew J. Horwitz, Horwitz, Horwitz & Assoc., Ltd., Chicago, Ill., for plaintiff-appellee.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.

Reheard En Banc February 23, 1988.

The original panel decision in this case affirming a jury's verdict against the defendants was vacated, Sherrod v. Berry, 835 F.2d 1222 (7th Cir.1988), and the case set for rehearing en banc. We reverse and remand for a new trial.

COFFEY, Circuit Judge.

I.

Because we are remanding the case for a new trial, we recite only those facts necessary to our decision. (A more...

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