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EASTER HOUSE v. FELDER

No. 86-2164.

879 F.2d 1458 (1989)

EASTER HOUSE, an Illinois, not-for-profit corporation, Plaintiff-Appellee, v. Thomas FELDER, Florence McGuire and Joan Satoloe, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Reargued February 9, 1989.

Decided July 11, 1989.

As Corrected August 4, 1989.

Attorney(s) appearing for the Case

Thomas A. Ioppolo, Office of the Atty. Gen., Chicago, Ill., for defendants-appellants.

James R. Figliulo, Foran, Wiss & Schultz, Carl A. Gigante, Chicago, Ill., for plaintiff-appellee.

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

Reargued En Banc February 9, 1989.

KANNE, Circuit Judge.

A jury found that in two separate instances the appellants, employees of the Illinois Department of Children and Family Services, acted under color of state law to deprive Easter House, a Chicago-based adoption agency, of property without due process of law. The district court denied the appellants' post-trial motions for judgment notwithstanding the verdict or for a new trial. We reverse and hold that...

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