In the United States Court of Appeals For the Seventh Circuit

No. 99-1417

CLEVELAND HAIR CLINIC, INC., an Ohio corporation,

Plaintiff-Appellee,

v.

CARLOS J. PUIG and PUIG MEDICAL GROUP, S.C., an Illinois corporation,

Defendants.

APPEAL OF: MICHAEL L. TINAGLIA and DIMONTE, SCHOSTOK & LIZAK

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 96 C 3560--Milton I. Shadur, Judge.

DECIDED FEBRUARY 4, 2000

Before RIPPLE, MANION, and EVANS, Circuit Judges.

EVANS, Circuit Judge. We concluded our January 10, 2000, opinion in this case with a request that Jerome H. Torshen, counsel for Michael Tinaglia and his law firm, show cause under Federal Rule of Appellate Procedure 46(c) because we thought he "may have distorted the footnote" that appeared in the district court’s opinion granting CHC’s motion for a preliminary injunction on the underlying contract dispute in this case. Mr. Torshen has responded to our request, and we have carefully considered his response. Having done so, we conclude that Attorney Torshen has demonstrated that he did not attempt to deliberately mislead the court through the manner in which he displayed and referred to the footnote in question. For that reason, we issue today’s opinion as a supplement to the one we issued on January 10, and we specifically exonerate Mr. Torshen from any accusation of unprofessional conduct. Any implication to the contrary in our earlier opinion is withdrawn.

SO ORDERED.