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TARTT v. NORTHWEST COMMUNITY HOSP.

No. 04-3939.

453 F.3d 817 (2006)

Derrick B. TARTT, Plaintiff-Appellant, v. NORTHWEST COMMUNITY HOSPITAL and NORTHWEST SUBURBAN ANESTHESIOLOGISTS, LTD., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 6, 2006.

Attorney(s) appearing for the Case

James M. Childs, Jr., Elijah I. Meshiah (argued), Meshiah & Associates, Chicago, IL, for Plaintiff-Appellant.

Brian S. Hucker (argued), McDermott, Will & Emery, Chicago, IL, Michael B. Brohman (argued), Kamensky Rubinstein, Lincolnwood, IL, for Defendants-Appellees.

Before POSNER, RIPPLE, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Derrick Tartt filed two almost identical lawsuits, and the second one was dismissed by the district court for the sake of convenience. The remaining suit was dismissed for failure to state a claim and failure to prosecute. It was not timely appealed. Undaunted, Tartt continued litigating both actions. Due to an oversight by the district court, this court reinstated the suit dismissed for convenience, and Tartt filed a new complaint on remand...

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