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GATES v. TOWERY

No. 05-1079.

430 F.3d 429 (2005)

Elton GATES and Luster Nelson, individually and on behalf of a class, Plaintiffs-Appellees, v. B. TOWERY, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 2005.

Attorney(s) appearing for the Case

Thomas Peters (argued), Chicago, IL, for Plaintiffs-Appellees.

Julian Henriques (argued), Office of the Corporation Counsel, Chicago, IL, for Defendants-Appellants.

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

EASTERBROOK, Circuit Judge.

In this interlocutory appeal under Fed.R.Civ.P. 23(f), the City of Chicago contends that the district judge should not have certified a class. (We refer to all defendants as Chicago; the other defendants are public employees represented by the City.) Certification is improper, Chicago maintains, because the case is moot; according to the City, a tender of full compensation to both representative plaintiffs before a class had been certified...

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