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PROVISO ASS'N v. VILLAGE OF WESTCHESTER

No. 95 C 1422.

914 F.Supp. 1555 (1996)

PROVISO ASSOCIATION OF RETARDED CITIZENS, an Illinois Not-for-Profit Corporation, and Charles Petty and Donna Lee Fitzner as individuals, Plaintiffs, v. VILLAGE OF WESTCHESTER, ILLINOIS, a Municipal Corporation; and John Sinde, President of the Village of Westchester, Illinois, a Corporation, Defendants.

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

February 6, 1996.

Attorney(s) appearing for the Case

Gene L. Armstrong, Robert D. Butters, Cichocki & Armstrong, Ltd., Oak Park, IL, Jon Allan Duncan, Thadford A. Felton, Cichocki & Armstrong, Ltd., Chicago, IL, for Plaintiffs.

Christopher D. Edmonds, Bruce M. Rose, Dvorak, Edmonds & Sbertoli, Ltd., Westchester, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

ANDERSEN, District Judge.

On December 29, 1995, Magistrate Judge Martin Ashman filed and served upon the parties his Report and Recommendation concerning plaintiffs' motion for summary judgment on Counts I and II of the amended complaint, defendants' motion to dismiss Count II, and defendants' motion for summary judgment on Count I. The Magistrate Judge recommended that: 1) defendants' motion to dismiss Count II be denied...

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