CITY OF CHICAGO v. LINDLEY

Nos. 94-3506, 94-3507, 94-3844 and 94-3891.

66 F.3d 819 (1995)

The CITY OF CHICAGO and Donald R. Smith, in his official capacity as Commissioner of the Chicago Department on Aging, Plaintiffs-Appellees, Cross-Appellants, v. Maralee I. LINDLEY, in her official capacity as Director of the Illinois Department on Aging, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 1995.

Rehearing and Suggestion for Rehearing Denied November 22, 1995.


Attorney(s) appearing for the Case

Susan R. Lichtenstein, Stuart D. Fullerton (argued), Andrew S. Mine, Susan S. Sher, Lawrence Rosenthal, Deputy Corp. Counsel, Benner R. Solomon, Office of the Corporation Counsel, Appeals Division, Chicago, IL, and Robert J. Smith, Jr., and Cacilia R. Masover, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for plaintiffs.

Jerald S. Post, Asst. Atty. Gen. (argued), Wallace Solberg, and James E. Ryan, States Atty., Office of the Attorney General, Civil Appeals Division, Chicago, IL, for defendant.

Robert J. Smith, Jr. and Cacilia R. Masover, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for amici curiae.

Before CUMMINGS, EASTERBROOK and RIPPLE, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied November 22, 1995.

RIPPLE, Circuit Judge.

The Director of the Illinois Department on Aging appeals the decision of the district court, which determined that relevant provisions of the Older Americans Act (OAA), 42 U.S.C. §§ 3001-3058ee, were enforceable under 42 U.S.C. § 1983, and subsequently held that Illinois' formula for distributing funds to the State's older individuals violated the...

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