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2011 Supreme(US)(ca7) 70

COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Posner, Manion, Hamilton
Atkins v. City of Chicago


631 F.3d 823 (2011)

Brandie ATKINS, as administrator of the estate of William O. Atkins, deceased, Plaintiff-Appellant,
v.
CITY OF CHICAGO, et al., Defendants-Appellees.

No. 09-2998.

United States Court of Appeals, Seventh Circuit.

Argued September 8, 2010.
Decided January 25, 2011.

*825 Joseph A. Longo, (argued), Attorney, Longo & Associates, Mt. Prospect, IL, for Plaintiff-Appellant.

Benna R. Solomon, Attorney, City of Chicago Law Department, Mary Ellen Welsh (argued), Attorney, Office of the Attorney General, Civil Appeals Division, Chicago, IL, Ruth F. Masters (argued), Attorney, Oak Park, IL, for Defendants-Appellees.

Before POSNER, MANION, and HAMILTON, Circuit Judges.

*826 POSNER, Circuit Judge.

This is the second appeal from the dismissal of a federal civil rights suit. 42 U.S.C. § 1983. The district court initially dismissed it under Rule 25(a)(1) of the Federal Rules of Civil Procedure, on the ground that the motion to substitute the plaintiff's widow for the (original) plaintiff who died while the suit was pending, was untimely. We reversed, 547 F.3d 869 (7th Cir.2008), instructing the district judge to allow the substitution. That kept the case alive, but the judge has

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