LINDQUIST FORD, INC., STEVEN LINDQUIST, and CRAIG MILLER v. Middleton Motors, Inc.

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. 08‐1067 & 08‐1689
LINDQUIST FORD, INC., STEVEN
LINDQUIST, and CRAIG MILLER,
Plaintiffs‐Appellees,
v.
MIDDLETON MOTORS, INC.,
Defendant‐Appellant.
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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