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ROSS YORDY CONST. CO. v. NAYLOR

No. 94-2634.

55 F.3d 285 (1995)

ROSS YORDY CONSTRUCTION COMPANY, an Illinois Corporation, and Ross Yordy, Plaintiffs-Appellants, v. Samuel NAYLOR, VI, in his individual capacity, Rose Ann Pepple and Stan Pepple, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 1995.

Attorney(s) appearing for the Case

John H. Bisbee (argued), Macomb, IL, plaintiffs-appellants.

Michael W. Condon, Michael D. Bersani, Hervas, Sotos & Condon, Phillip A. Luetkehans (argued), Mary E. Dickson, Lara A. Walicek, Schirott & Luetkehans, Itasca, IL, for Samuel Naylor, VI.

L. Lee Smith, Asst. U.S. Atty., Barbara K. Parker, Westervelt, Johnson, Nicoll & Keller, Peoria, IL, for Rose Ann Pepple and Stan Pepple.

Before FLAUM, GARZA and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Rose Ann Pepple was a secretary and bookkeeper at the Ross Yordy Construction Company between 1988 and 1991. After Yordy accused Pepple of stealing over $45,000 in company funds by way of forged checks during that period, an Illinois grand jury indicted her for theft and forgery on April 11, 1991. Hancock County State's Attorney Samuel Naylor VI subsequently concluded, however, that the prosecution of those charges would, in Yordy...

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