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STERICYCLE, INC. v. CITY OF DELAVAN

No. 96-3825.

120 F.3d 657 (1997)

STERICYCLE, INCORPORATED, Michael D. Brennan and Randall R. Garczynski, Plaintiffs-Appellants, v. CITY OF DELAVAN, Employers Mutual Casualty Company and Twin City Fire Insurance Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 1997.

Rehearing Denied August 1, 1997.

Attorney(s) appearing for the Case

Linda Stover Isnard, Gilbert J. Berthelsen, Terrance L. Kallenbach (argued), Capwell and Berthelsen, Racine, WI, for Plaintiffs-Appellants.

Wayne M. Yankala (argued), Mark J. Mingo, Mingo & Yankala, Milwaukee, WI, D. Schuyler Davies, Robert E. Mahoney, Leslie L. Johnson, Brennan, Steil, Basting & MacDougall, Delavan, WI, for City of Delavan, Defendant-Appellee.

Wayne M. Yankala, Mark J. Mingo, Mingo & Yankala, Milwaukee, WI, for Employers Mut. Cas. Co., Defendant-Appellee.

Thomas R. Schrimpf, Hinshaw & Culbertson, Milwaukee, WI, for Twin City Fire Ins. Co., Defendant-Appellee.

Before CUMMINGS, FLAUM and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

The plaintiffs brought this action under 42 U.S.C. § 1983 seeking damages allegedly suffered as the result of an unconstitutional ordinance. The district court granted summary judgment to the City of Delavan, Wisconsin on the ground that the instant action was barred by a prior state court judgment. We affirm.

I

BACKGROUND

Michael Brennan and Randall Garczynski wanted to purchase some land in Delavan and to transfer...

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