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ESMAIL v. MACRANE

No. 94-3285.

53 F.3d 176 (1995)

Basim ESMAIL, Zabco Enterprises, Incorporated, and Nazco Enterprises, Incorporated, Plaintiffs-Appellants, v. Samuel T. MACRANE, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 19, 1995.

Attorney(s) appearing for the Case

Timothy T. McLaughlin (argued), Oak Lawn, IL, for plaintiff-appellant.

Thomas G. DiCianni, Ancel, Glink, Diamond, Cope & Bush, Chicago, IL, Michael M. Roth, Howard P. Levine, Paul L. Stephanides (argued), City of Naperville, Naperville, IL, for defendants-appellees.

Before POSNER, Chief Judge, and BAUER and ROVNER, Circuit Judges.

POSNER, Chief Judge.

Basim Esmail, a liquor dealer in Naperville, Illinois, brought suit in federal district court under 42 U.S.C. § 1983, complaining that he was being persecuted by the Mayor of Naperville in violation of Esmail's right to the equal protection of the laws. The district judge dismissed the suit for failure to state a claim, and we must therefore take the facts alleged in the complaint as true, though of course without warranting that they are...

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