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MARKADONATOS v. VILLAGE OF WOODRIDGE

No. 12-2619.

760 F.3d 545 (2014)

Jerry G. MARKADONATOS, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. VILLAGE OF WOODRIDGE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 2014.

Reargued En Banc June 3, 2014.

Attorney(s) appearing for the Case

James Burnham , Meghan Sweeney , Jones Day, Chicago, IL, Bryan Leitch , Jones Day, Washington, DC, Peter S. Lubin , Ditommaso Lubin, P.C., Oakbrook Terrace, IL, James Shedden , Deer Park, IL, for Plaintiff-Appellant.

Christopher Keleher , Keleher Appellate Law Group, Brandon K. Lemley , Paul A. Rettberg , Querrey & Harrow, Chicago, IL, for Defendant-Appellee.

Before WOOD, Chief Judge, and POSNER, FLAUM, EASTERBROOK, KANNE, ROVNER, WILLIAMS, SYKES, TINDER, and HAMILTON, Circuit Judges.

PER CURIAM.

The court is divided. Five judges in two groups (Judges Posner, Flaum, and Kanne in one; Judges Easterbrook and Tinder in the other) vote to affirm the judgment of the district court. Judge Sykes votes to remand with instructions to dismiss the case for want of standing to sue. The remaining four judges (Chief Judge Wood and Judges Rovner, Williams, and Hamilton) vote to reverse. Because no position commands a majority, the judgment of the district court...

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