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FITZPATRICK v. MORGAN SOUTHERN INC.

No. 02-2090 Ml/Bre.

261 F.Supp.2d 978 (2003)

Eddie FITZPATRICK, Jr., Plaintiff, v. MORGAN SOUTHERN, INC., Defendant.

United States District Court, W.D. Tennessee, Western Division.

April 21, 2003.

Attorney(s) appearing for the Case

James N. Clay, III, Law Offices of James N. Clay, Memphis, TN, Paul O. Taylor, Truckers Justice Center, Eagan, MN, for Eddie Fitzpatrick, Jr.

Justin M. Ross, Curt Reid Soefker, Martin, Tate, Morrow & Marston, Memphis, TN, Bruce E. Mitchell, Mitchell & Associates, Atlanta, GA, for Morgan Southern, Inc.

ORDER GRANTING DEFENDANT'S MOTION FOR RECONSIDERATION

MCCALLA, District Judge.

Before the Court is Defendant's Motion for Reconsideration of Court's Order Denying Defendant's Motion to Dismiss and/or for Summary Judgment, filed February 12, 2003. Defendant asserts that no private right of action for damages exists for violations of 49 U.S.C. § 14704(a)(2), and, even if Congress did create a private right of action, Plaintiffs claims are barred by the...

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