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ARKEBAUER v. KILEY

No. 91-1058.

985 F.2d 1351 (1993)

Roger ARKEBAUER, Plaintiff-Appellee, v. Michael KILEY, Individually and as State's Attorney of Shelby County, Illinois, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 1993.

Rehearing and Rehearing Denied March 18, 1993.

Attorney(s) appearing for the Case

D. Peter Wise (argued), Metnick, Barewin, Wise & Cherry, Springfield, IL, for plaintiff-appellee.

Jerald S. Post, Asst. Atty. Gen. (argued), Office of the Atty. Gen., Civil Appeals Div., Chicago, IL, Carol J. Barlow, Asst. Atty. Gen., Office of the Atty. Gen., Environmental Control Div., Springfield, IL, for defendant-appellant.

John X. Breslin, Office of the State's Atty., Ottawa, IL, Michael M. McFatridge, Patrick J. Delfino, Darien, IL, for amicus curiae Illinois State's Attorneys Ass'n.

George F. Taseff, Jennings, Novick, Taseff, Smalley & Davis, Bloomington, IL, J. Steven Beckett, Beckett, Crewell & Kelso, Urbana, IL, for amicus curiae Illinois Attorneys for Criminal Justice.

Jeffrey S. Weiner, Weiner, Robbins, Tunkey & Ross, Miami, FL, for amicus curiae National Ass'n of Criminal Defense Lawyers.

Before CUDAHY and RIPPLE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 18, 1993.

RIPPLE, Circuit Judge.

In exchange for a promise that he would not be prosecuted, the appellee, Roger Arkebauer, gave information to the Macon County State's Attorney regarding Raymond Ruhl's plan to murder his wife. Mr. Arkebauer was later indicted in Shelby County for his involvement in the scheme. The Illinois state trial court denied his motion to dismiss the indictment. The district court, however...

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