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SCOTT v. O'GRADY

No. 91-2443.

975 F.2d 366 (1992)

William SCOTT and Rosemary Scott, Plaintiffs-Appellants, v. James E. O'GRADY, Sheriff of Cook County, and Kelvin Branch, Deputy Sheriff of Cook County, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1992.

Rehearing and Rehearing Denied January 5, 1993.

Attorney(s) appearing for the Case

Henry Rose and Lewis Check (argued), Loyola University Community Law Center, Chicago, Ill., for plaintiffs-appellants.

Jack O'Malley, State's Atty. of Cook County, Douglas B. Swill, Asst. State Atty. (argued), Office of the State's Atty. of Cook County, Chicago, Ill., for defendants-appellees.

Before POSNER and MANION, Circuit Judges, and VAN SICKLE, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 5, 1993.

MANION, Circuit Judge.

William and Rosemary Scott rented two apartments in a building which was the subject of a foreclosure action and a judicial sale. The Commerce Mortgage Corporation bought the property at the judicial sale and, pursuant to the Illinois Mortgage Foreclosure Law, received a Writ of Assistance from the Circuit Court of Cook County directing the Cook County Sheriff to assist Commerce...

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