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United States Seventh Circuit


Owner-Operator Indep. Drivers Ass'n v. Mayflower Transit, LLC, 08-1673

In a suit by owner-operators of leased trucks against a carrier pursuant to 49 U.S.C. section 14704(a)(2), claiming that a chargeback violates 49 C.F.R. section 376.12(i), which provides that the lessor is not required to purchase or rent any products, equipment, or services from the authorized carrier as a condition of entering into the lease arrangement, district court's judgment is affirmed in part and remanded where: 1) district court's dismissal of some of the claims after concluding that the statute of limitations is two years is remanded as neither section 14704(a)(2) nor any other statute sets a period of limitations for suits on its authority; and 2) the district court's conclusion that a chargeback differs from a compulsory purchase of insurance is affirmed on the merits.

Appellate Information

  • Argued 09/18/2009
  • Decided 08/09/2010
  • Published 08/09/2010

Judges

Court

  • United States Seventh Circuit

Counsel

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