United States Seventh Circuit

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COVINGTON v. ILLINOIS SEC. SERV., INC., 01-1119

Where the plaintiff's affidavit creates a material factual dispute over his alleged negligence, the district court should permit the parties to engage in discovery before converting a motion to dismiss into one for summary judgment.

Appellate Information

  • Decided 10/22/2001
  • Published 10/22/2001

Judges

  • FLAUM, Chief Judge., Before FLAUM, Chief Judge, and POSNER, and RIPPLE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Donald G. Weiland (argued), Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Sheryl C. Allenson, Audrey J. Folloder (argued), Fagelhaber, Chicago, IL, for Defendant-Appellee.