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BALARK v. CITY OF CHICAGO

Nos. 95-1181, 95-1182.

81 F.3d 658 (1996)

Bertha BALARK, et al., Plaintiffs-Appellants, v. CITY OF CHICAGO, a municipal corporation, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 1996.

Rehearing and Suggestion for Rehearing Denied May 2, 1996.

Attorney(s) appearing for the Case

Cecile Singer, Chicago, IL, Edward T. Stein (argued), Chicago, IL, for Plaintiffs-Appellants in No. 95-1181.

Jerome Schur, Pretzel & Stouffer, Chicago, IL, John B. Cashion and Edward T. Stein (argued), Chicago, IL, for Plaintiff-Appellant in No. 95-1182.

William Wenzel, Office of the Corporation Counsel, Chicago, IL, James D. Montgomery, Montgomery & Associates, Chicago, IL, Dodge Wells, Department of Justice, Civil Division, Washington, DC, Sharon Baldwin, Lawrence Rosenthal, Eileen Brewer, Diane M. Pezanoski, Brian Trubitt, Benna R. Solomon (argued), Stuart D. Fullerton, Susan S. Sher, Office of the Corporation Counsel, Appeals Division, Chicago, IL, Locke E. Bowman, III, Chicago, IL, for Defendants-Appellees.

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

Rehearing and Suggestion for Rehearing En Banc Denied May 2, 1996.*

DIANE P. WOOD, Circuit Judge.

More than twenty years ago, Sylvia Evans settled a wrongful death action against the City of Chicago for $67,500. That lawsuit, and the later action brought by the Balark plaintiffs, gave rise to the litigation that now comes before this Court for the fourth time. In the Evans and Balark class actions, the plaintiffs challenged the...

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