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Fred Hampton — Part 3

251 pages · May 09, 2026 · Broad topic: General · Topic: Fred Hampton · 251 pages OCR'd
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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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