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WARD v. EDGETON

No. 94-3769.

59 F.3d 652 (1995)

Stephen WARD, Plaintiff-Appellant, v. Cary EDGETON, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 1995.

Rehearing and Suggestion for Rehearing Denied August 1, 1995.

Attorney(s) appearing for the Case

Stephen Ward, Joliet, IL, pro se.

Jessie Wang-Grimm, Office of the Atty. Gen., Chicago, IL, Serge J. Adam, Office of the Atty. Gen., Crim. Appeals Div., Springfield, IL, and Alison E. O'Hara, Office of the Atty. Gen., Civ. Appeals Div., Chicago, IL, for defendants-appellees.

Before POSNER, Chief Judge, and RIPPLE and MANION, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 1, 1995.

POSNER, Chief Judge.

We have before us a sequel, as it were, to Anderson v. Romero, 42 F.3d 1121 (7th Cir.1994), another case in which a prisoner died while the appeal was pending and the state asked us to dismiss his suit for failure to prosecute. Rule 43(a) of the Federal Rules of Appellate Procedure provides that when a party dies pending appeal...

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