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Ruling In an Action for Tortious Conversion and Replevin of a 1979 Racing Porsche

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By FindLaw Staff on April 13, 2010 3:38 PM

In Whittington v. Indianapolis Motor Speedway Found., Inc., No. 08-3352, the Seventh Circuit faced a challenge to the district court's judgment in favor defendant  in plaintiff's action for tortious conversion and replevin of a 1979 Racing Porche automobile, which is on display at the Foundation's Hall of Fame Museum, claiming that he loaned the car rather than gifted it to the Foundation.

However, in affirming the district court's decision, the court held that plaintiff failed to prove that he had a property right in the car.  Furthermore, plaintiff's claim that the district court erred in placing the burden of proof on him, as the plaintiff, to prove both that the car was not a gift and that he had a property right in the car is rejected. 

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