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NEWMAN-GREEN, INC. v. ALFONZO-LARRAIN R.

No. 87-1195.

854 F.2d 916 (1988)

NEWMAN-GREEN, INC., Plaintiff-Appellant, v. Alejandro ALFONZO-LARRAIN R., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 1987.

Reargued May 26, 1988.

Decided August 11, 1988.

Attorney(s) appearing for the Case

Rowe W. Snider, Lord, Bissell & Brook, Chicago, Ill., for plaintiff-appellant.

Charles G. Albert, Bell, Boyd & Lloyd, Chicago, Ill., for defendants-appellees.

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

Reargued En Banc May 26, 1988.

POSNER, Circuit Judge.

We vacated the panel decision, and took the case en banc to decide whether a court of appeals is empowered to dismiss a party in order to retain federal jurisdiction. Previous decisions by this court had answered the question "no," but the panel disagreed and held that we may do this, 832 F.2d 417, 419-20 (7th Cir.1987), and it...

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