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OWNER-OPERATOR INDEP. DRIVERS v. NEW PRIME

No. 04-1788.

398 F.3d 1067 (2005)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC.; Marshall Johnson; Jerry Vanboetzelaer, Individually and on behalf of all others similarly situated, Plaintiffs — Appellants, v. NEW PRIME, INC., doing business as Prime, Inc.; Success Leasing, Inc., Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 24, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Paul D. Cullen, Washington, D.C. Also appearing on the brief was David A. Cohen, Washington, D.C.

Counsel who presented argument on behalf of the appellee was James C. Sullivan, Kansas City, Missouri. Also appearing on the brief were R. Lawrence Ward and Richard M. Paul III, Kansas City, Missouri.

Before WOLLMAN, MURPHY, and BYE, Circuit Judges.

MURPHY, Circuit Judge.

Owner operators of truck equipment sued two motor carriers under 49 U.S.C. § 14704(a), alleging violations of the Truth in Leasing regulations. After prevailing in the district court, the motor carriers were granted attorney fees under 49 U.S.C. § 14704(e). The owner operators appeal, arguing that § 14704(e) does not authorize fees to defendants, and we reverse.

Owner-Operator Independent Drivers Association (OOIDA) is...

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