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CORLEY v. ROSEWOOD CARE CENTER, INC. OF PEORIA

Nos. 01-3625, 01-3642.

388 F.3d 990 (2004)

Robert N. CORLEY, individually, and as executor of the Estate of Vera M. Corley, Deceased, Plaintiff-Appellant, Cross-Appellee, and Richard L. Steagall, John P. Nicoara, The Law Firm of Nicoara & Steagall, and Sherman Cohn, Cross-Appellees, v. ROSEWOOD CARE CENTER, INCORPORATED OF PEORIA, an Illinois Corporation, Darrell Hoefling, individually and as Trustee of the Darrell Hoefling Revocable Trust, Larry Vander Maten, individually and as Trustee of the Larry Vander Maten Revocable Trust and as General Partner of the Vander Maten Family Limited Partnership, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 13, 2004.

Attorney(s) appearing for the Case

Sherman L. Cohn (argued), Washington, DC, for Plaintiff-Appellant.

Richard L. Steagall, Nicoara & Steagall, Peoria, IL, Appellee/Plaintiff-Appellee.

Steven M. Hamburg (argued), Summers, Compton, Wells & Hamburg, St. Louis, MO, for Defendants-Appellees.

Before RIPPLE, ROVNER and EVANS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Placing an elderly parent in a nursing home is a trying experience under the best of circumstances. Running a nursing home can also be challenging; the industry is highly regulated and the customers are often anxious and unhappy about the need for nursing home services. Needless to say, when a customer believes he has been defrauded and the proprietors of the establishment have been accused not just of fraud but racketeering, emotions...

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