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ENGLISH v. COWELL

No. 92-4032.

10 F.3d 434 (1993)

Forrest Gene ENGLISH, Plaintiff-Appellant, v. William J. COWELL, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 12, 1993.

Attorney(s) appearing for the Case

Paul A. Levy (argued), Alan B. Morrison, Public Citizen Litigation Group, Washington, DC, for plaintiff-appellant Forrest G. English.

Michael W. O'Hara (argued), Cavanagh & O'Hara, Springfield, IL, for defendants-appellees Charles J. Connor, Donald Siddens, William J. Cowell and Local Union No. 46, Intern. Ass'n of Bridge, Structural and Ornamental Iron Workers.

Before POSNER, Chief Judge, CUMMINGS, Circuit Judge, and ZAGEL, District Judge.

ZAGEL, District Judge.

Forrest G. English, who is also known as Guy Levine, challenges a district court order dismissing his suit for failure to join an indispensable party and for failure to sue in the proper name. This order was entered before any brief in opposition to the pending motion was filed, indeed, five days before the opposition brief was due. Because the district court deprived English of any opportunity to respond to the pending motion to dismiss and...

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