United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

December 12, 2008

Before

RICHARD D. CUDAHY, Circuit Judge

KENNETH F. RIPPLE, Circuit Judge

ILANA DIAMOND ROVNER, Circuit Judge

GERALD D. LLOYD, ] Appeal from the United Plaintiff-Appellant, ] States District Court ] for the Southern District No. 07-1476 v. ] of Indiana, Indianapolis ] Division. SWIFTY TRANSPORTATION, ] INCORPORATION, ] No. 05 C 1171 Defendant-Appellee. ] ] Larry J. McKinney, ] Judge.

The opinion of this court issued on December 12, 2008, is WITHDRAWN and the judgment is VACATED. This matter remains under advisement.