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REMBERT v. SHEAHAN

No. 94-3121.

62 F.3d 937 (1995)

Rodney REMBERT, Mona Rembert, Conchita Lewis, individually and on behalf of all other persons similarly situated, et al., Plaintiffs-Appellants, v. Michael F. SHEAHAN, in his official capacity as Sheriff of Cook County and Cook County, Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 1995.

Attorney(s) appearing for the Case

William P. Wilen (argued), Robert E. Lehrer, Legal Assistance Foundation of Chicago, Chicago, IL, Jeffrey C. Boulden, Despres, Schwartz & Geoghegan, Chicago, IL, Jennifer J. Payne, Timothy J. Hufman, Maureen E. Terjak, Legal Assistance Foundation of Chicago, Chicago, IL, for plaintiffs-appellants.

Connie R. Barba (argued), Terry L. McDonald, Asst. States Atty., Office of the State's Atty. of Cook County, Federal Litigation Div., Chicago, IL, for Michael F. Sheahan.

Terry L. McDonald, Asst. States Atty., Office of the State's Atty. of Cook County, Federal Litigation Div., Chicago, IL, for County of Cook.

Before BAUER, CUDAHY and MANION, Circuit Judges.

CUDAHY, Circuit Judge.

Plaintiffs are tenants of various apartment buildings in Chicago which have been foreclosed. As a class, they brought this action under 42 U.S.C. § 1983 to enjoin the eviction procedures being used by the Sheriff of Cook County when seeking to enforce an order of possession during a mortgage foreclosure. The tenants suggest that the State, through the Sheriff's office, violates their due process rights when it enforces an order that fails...

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