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GREEN v. BD. OF MUN. EMP. ANNUITY OF CHICAGO

No. 94 C 1521.

879 F.Supp. 77 (1995)

Robert GREEN, Individually and on Behalf of all Others Similarly Situated, Plaintiffs, v. The BOARD OF the MUNICIPAL EMPLOYEES' OFFICERS' AND OFFICIALS' ANNUITY AND BENEFIT FUND OF CHICAGO; James Stack, Individually and Personally, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

February 3, 1995.

Attorney(s) appearing for the Case

Robert A. Holstein, Jewel Klein, Carol Gloor, Holstein, Mack & Klein, Chicago, IL, for plaintiff.

Frederick P. Heiss, Boyle & Heiss, Ltd., William A. Marovitz, Marovitz & Edelstein, Chicago, IL, for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff Robert Green brings this four count action, alleging violations of the due process clauses of the United States and Illinois Constitutions, as well as breach of statutory duty. Presently before the court are plaintiff's motion for class certification and defendants' motion to dismiss the complaint. For the reasons set forth below, we abstain pursuant to Railroad Comm'n of

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