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BETHESDA LUTHERAN HOMES v. BORN

Nos. 99-4016, 99-4135

238 F.3d 853 (2001)

Bethesda Lutheran Homes and Services, Inc., et al., Plaintiffs-Appellants/Cross-Appellees, v. Gerald Born, et al., Defendants-Appellees, and Thomas Schleitwiler, et al., Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 25, 2001

Attorney(s) appearing for the Case

Gregory P. Seibold (argued), Murphy & Desmond, Madison, WI, for Bethesda Lutheran Homes and Service, Inc. and Bidstrup.

James E. Doyle, Office of the Attorney General, Joely Urdan (argued), Dept. of Justice, Madison, WI, for Born, Lorang and Rogers.

Elizabeth M. Estes (argued), Whyte Hirschboeck Dudek, Milwaukee, WI, for Schleitwiler.

Before BAUER, POSNER, and EVANS, Circuit Judges.

POSNER, Circuit Judge.

This dispute is before us for the third, and we trust last, time. See Bethesda Lutheran Homes & Services, Inc. v. Leean, 122 F.3d 443 (7th Cir.1997), 154 F.3d 716 (7th Cir.1998). In the first round, Bethesda, a private residential institution in Wisconsin for the mentally retarded, along with several current and would-be residents, brought suit under 42 U.S.C. §...

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