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BURRELL v. CITY OF MATTOON

No. 03-3930.

378 F.3d 642 (2004)

William D. BURRELL, Plaintiff-Appellant, v. CITY OF MATTOON; David Carter, Mayor of the City of Mattoon; Harold D. Gambill, Mark Donnell, Jerrold Hesse, and David R. Schilling, City Council Members of the City of Mattoon, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 2004.

Attorney(s) appearing for the Case

Robert I. Auler (argued), Urbana, IL, for Plaintiff-Appellant.

Stanley L. Morris (argued), Quinn, Johnston, Henderson & Pretorius, Springfield, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, and KANNE and ROVNER, Circuit Judges.

KANNE, Circuit Judge.

William D. Burrell served as the city clerk for Mattoon, Illinois from July 1994 until April 30, 2001, when he was allegedly terminated from the position by the newly elected mayor and incoming city council. The new mayor and city council had not taken office at the time of Burrell's alleged firing; yet, Burrell sued the City, the mayor-elect, and incoming city council members in federal court, claiming that they deprived him of his job without...

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