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Fred Hampton — Part 3
Page 90
90 / 251
Nos. 77-1698, 77-1210 & 77-1370
behalf. An attorney may with impunity take full ad-
vantage of the range of conduct that our adversary
system allows.
461 F.2d 389, 398, 400 (7th Cir. 1972). Accordingly, we
find that the contempt citations are unwarranted when
considered in their factual setting.
XIT. CONCLUSION
The contempt judgments are reversed. In addition, the |
directed verdicts are reversed and the judgments of dis-
‘missal vacated, except for the claims against Purtell,
Koludrovie, Sorosky, and Meltreger and all but the sec-
tion 1986 claims against Ervanian and Kukowinski. The
judgments of dismissal with respect to these claims are
affirmed. The judgments for costs against plaintiffs are
reversed. Costs on appeal and attorneys’ fees are award-
_ed to plaintiffs against all nonprevailing defendants.
The cause is remanded to the district court for a new
trial. As an administrative matter, the district court is
directed to reassign this case under the provisions of
Cireuit Rule 18 and, because of its age, to direct the
judge to whom ‘it ‘is assigned to give the retrial high
priority.
FAIRCHILD, Chief Judge, concurring. I concur in the
opinion written by Judge Swygert except as qualified by
the following observations.
I agree that, viewing the evidence in the light most
favorable to plaintiffs, and drawing all reasonable in-
ferences in their favor, a jury verdict for them on one or
more theories of liability could be sustained. I am sure
that no more is meant by the frequent references in the
opinion to a “prima facie” case. Because so much
depends upon the fact-finder’s choice among inferences,
there was never any stete of this case (with the possible
exception of the case against the shooters) at which the
evidence compelled a verdict for plaintiffs unless
rebutted.
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