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STAELENS v. YAKE

No. 76 C 20001.

432 F.Supp. 834 (1977)

James STAELENS and Dale Staelens, his wife, Individually, Plaintiffs, v. Ronald F. YAKE, M.D., L. J. Tisovec, M.D., St. Anthony Hospital, Rockford, Illinois, and Judge Michael J. Morrison, Defendants.

United States District Court, N. D. Illinois, W. D.

May 6, 1977.

Attorney(s) appearing for the Case

Kenneth S. Jacobs and Maureen C. Strauts, Jacobs & Leston, Villa Park, Ill., Geo. H. Hartman, New York City, Billy E. Moore, Columbus, Ga., for plaintiffs.

William C. Jackson, Harold L. Turner, Rockford, Ill., for Dr. Yake.

Maynard & Brassfield, Eugene Brassfield, Rockford, Ill., for St. Anthony Hospital.

John R. Kinley and Edward Telling, Williams, McCarthy, Kinley, Rudy & Picha, Rockford, Ill., for Dr. Tisovec.

Herbert Lee Caplan, Asst. Atty. Gen. of Ill., Chicago, Ill., Don M. Mateer and Gilbert, Powers & Mateer, Bruce C. Erickson, Rockford, Ill., for Drs. Yake and Tisovec.

MEMORANDUM OPINION

GRADY, District Judge.

Defendants Yake, Tisovec, Morrison and St. Anthony Hospital of Rockford have all filed motions to dismiss the complaint in this action. The Magistrate has recommended that the motions be denied as to all defendants except St. Anthony Hospital. We decline to follow the Magistrate's recommendation. The motions are granted as to all defendants as the complaint fails to state a claim under 42 U.S.C. § 1983, and...

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