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OWNER-OPERATOR INDEPEND. DRIVERS v. ARCTIC EXP.

No. C297-CV-00750.

87 F.Supp.2d 820 (2000)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., et al., Plaintiffs, v. ARCTIC EXPRESS, INC. and D & A Associates, Ltd., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

March 3, 2000.

Attorney(s) appearing for the Case

James Burdette Helmer, Jr., Helmer Martins & Morgan, Cincinnati, OH, Paul D. Cullen, Sr., Gregory Michael Cork, Cullen & O'Connell, Washington, DC, for plaintiffs.

A. Charles Tell, Baker & Hostetler, Columbus, OH, for Defendants.

MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on the Defendants' Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted filed on September 5, 1997, and on Defendants' Motion to Dismiss Under Doctrine of Primary Jurisdiction filed on January 15, 1998. By Order dated August 17, 1998, this Court stayed this action pending the Defendants' appeal to the Sixth Circuit. On appeal, this case was transferred to...

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