MEMORANDUM OPINION AND ORDER
ZAGEL, District Judge.
Marshall C. Spiegel, a member of the Chicago Mercantile Exchange, was at home with his wife, Carol, and young son at 5:00 p.m. on Wednesday, May 29, 1993. All three of them were disturbed by a hammering noise from the apartment directly above them. Disturbing noises from above have occurred in the past. After enduring the noise, Carol Spiegel went upstairs to complain and to ask for silence. This...
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