Lindquist Ford, Incorporated, et al v. Middleton Motors, Incorporated

Filing 21


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United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 March 18, 2009 Before FRANK H. EASTERBROOK, Chief Judge DIANE S. SYKES, Circuit Judge JOHN DANIEL TINDER, Circuit Judge Nos. 081067 & 081689 LINDQUIST FORD, INC., STEVEN LINDQUIST, and CRAIG MILLER, PlaintiffsAppellees, v. MIDDLETON MOTORS, INC., DefendantAppellant. Appeal from the United States District Court for the Western District of Wisconsin. No. 07 C 12 Barbara B. Crabb, Chief Judge. O R D E R The petition for panel rehearing is DENIED. The slip opinion released on February 25, 2009, in this matter is AMENDED as follows: The last sentence of footnote 4 on p. 18 of the slip opinion ("There is no need for a presumption where, as here, there is direct and circumstantial evidence about Lindquist's expectation of payment.") is DELETED. The following is INSERTED in its place: There is no need for a presumption where there is direct or circumstantial evidence about expectation of payment; applying a presumption in such a case is not only unnecessary but inappropriate. Here, there is both direct and circumstantial evidence about Lindquist's expectation of payment, and therefore no presumption applies.

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