Progress Development Corporation v. Mitchell

ROBSON, District Judge.

The core of the controversy presented by the several motions of defendants to dismiss or for judgment upon the recently filed affirmative defenses is whether the finding by Judge Bernard M. Decker in his October 18, 1961 opinion in Cause No. 71780, Deerfield Park District, et al. v. Progress Development Corporation, in the Circuit Court of Lake County, Illinois, that “The evidence wholly fails to establish the charge of conspiracy against the members of the Park Board” obviates the need for this Court’s “trial on the merits of Count III” as directed by the Court of…