UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Chicago, Illinois 60604 December 14, 2005

Hon. JOEL M. FLAUM, Chief Judge

Hon. DANIEL A. MANION, Circuit Judge

Hon. TERENCE T. EVANS, Circuit Judge

Thomas J. Moriarty, Trustee on Behalf of the Local ] Union No. 727, I.B.T. Pension Trust, and the ] Teamsters Local Union No. 727 Health and ] Appeals from the United Welfare Trust, ] States District Court for ] the Northern District of Plaintiff-Appellee, Cross-Appellant, ] Illinois, Eastern Division. ] Nos. 03-1699 and 03-1743 v. ] No. 96-C-7392 ] JAMES F. SVEC, individually and doing business as ] George W. Lindberg, SVEC & SONS FUNERAL HOME and doing business as ] Judge. WEST SUBURBAN LIVERY, ] ] Defendant-Appellant, Cross-Appellee. ]

ORDER

The opinion issued in the above-entitled case on November 21, 2005, is hereby amended as follows:

On Page 8, the last paragraph, lines 5-7 should be replaced with:

requested in prior relevant arguments before this Court and the district court. Svec may not now reverse course and adopt a contrary position. The...