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ALBIERO v. CITY OF KANKAKEE

No. 96-3381.

122 F.3d 417 (1997)

Ernest F. ALBIERO, Plaintiff-Appellant, v. CITY OF KANKAKEE, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1997.

Attorney(s) appearing for the Case

Ernest F. Albiero (submitted on briefs), Big Rock, IL, for Plaintiff-Appellant.

Nancy G. Lischer, Hinshaw & Culbertson, Chicago, IL, J. Marc Forkins, Hinshaw & Culbertson, Lisle, IL, Ken Torricelli, Hinshaw & Culbertson, Champaign, IL, for Defendants-Appellees.

Before POSNER, Chief Judge, and EASTERBROOK and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

Whether we have jurisdiction to decide this appeal depends on the answer to a question reserved in Otis v. Chicago, 29 F.3d 1159 (7th Cir.1994) (en banc). The district court dismissed Ernest Albiero's complaint with prejudice but wrote that he had 21 days to file a new complaint limited to an equal protection theory the judge detected in the original. The court did not enter a judgment under Rule...

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