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SELLARS v. PERRY

No. 95-3147.

80 F.3d 243 (1996)

Paul SELLARS, Plaintiff-Appellant, v. Benjamin PERRY, Individually and in his capacity as Fire Chief of the City of Gary, Indiana; The Gary Fire Civil Service Commission and City of Gary, Indiana, by and through its Board of Public Works and Safety, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 4, 1996.

Attorney(s) appearing for the Case

Joseph V. Simeri (argued), Butler & Simeri, South Bend, IN, for Plaintiff-Appellant.

Margaret L. Felton, Rebecca Wyatt (argued), City of Gary Law Department, Eric O. Clark, Gary, IN, for Defendants-Appellees.

Before CUMMINGS, EASTERBROOK and DIANE P. WOOD, Circuit Judges.

CUMMINGS, Circuit Judge.

Paul Sellars, a Gary, Indiana, firefighter, filed this 42 U.S.C. § 1983 action for reinstatement of employment with the Gary Fire Department. The issue on appeal is whether Sellars, who did not work for approximately five months due to medical problems, knew or should have known that he was no longer employed by the Department such that his Section 1983 claim accrued more than two years prior to filing suit and after the statute of limitations...

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