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PEÑA v. MATTOX

No. 95-2053.

84 F.3d 894 (1996)

Ruben PEÑA, Plaintiff-Appellant, v. Edward MATTOX, Charles Bretz, Patricia Schneider, and others unknown, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Rick Halprin, Susan Shatz, Chicago, IL, Thomas Peters (argued), Murphy, Peters & Davis, Chicago, IL, for Ruben Peña.

William W. Kurnik, Kurnik, Cipolla & Barasha, Arlington Heights, IL, John L. Martin, James L. Tuohy, James M. Urtis, Tuohy & Martin, Chicago, IL, for Edward Mattox.

James R. Schirott, Phillip A. Luetkehans (argued), Mary E. Dickson, Matthew F. Tarbox, Schirott & Luetkehans, Itasca, IL, for Charles Bretz.

Michael W. Condon (argued), Hervas, Sotos & Condon, Itasca, IL, for Patricia Schneider.

Before POSNER, Chief Judge, and LAY and ROVNER, Circuit Judges.

POSNER, Chief Judge.

This appeal from the dismissal of a complaint for failure to state a claim, and from the denial of a motion for reconsideration and for leave to file an amended complaint, presents two questions. The first is whether a man who becomes a father as a result of his criminal intercourse with a minor has an interest in the child that is protected by the due process clause of the Fourteenth Amendment as a form of liberty. The second (which we shall...

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