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OWNER-OPERATOR INDEPENDENT DRIVERS v. NEW PRIME

Nos. 98-1420, 98-2942, 98-3143 and 98-3478.

192 F.3d 778 (1999)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., et al., individually and on behalf of all others similarly situated, Plaintiffs—Appellants, v. NEW PRIME, INC., et al., Defendants—Appellees. New Prime, Inc., et al., Petitioners, v. United States of America, Federal Highway Administration, et al., Respondents, Arctic Express, Inc., et al., Petitioners, v. Federal Highway Administration, et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided August 10, 1999.

Rehearing and Rehearing Denied October 13, 1999.

Rehearing and Rehearing Denied October 15, 1999.

Attorney(s) appearing for the Case

Paul D. Cullen, Sr., The Cullen Law Firm, Washington, DC, argued (Gregory Cork, Washington, DC, Thomas A. Sheehan, Kansas City, MO, on the brief), for appellants in 98-1420.

R. Lawrence Ward, Kansas City, MO, argued (William E. Quirk and Michael J. Elston, Kansas City, MO, on the brief), for petitioners in 98-2942, 98-3143 and 98-3478.

Bruce G. Forrest, Washington, DC, argued (Michael J. Falk, Frank W. Hunger, and Robert S. Greenspan, on the brief), for respondents in 98-2942, 98-3143 and 98-3478.

Before WOLLMAN and LOKEN, Circuit Judges, and JACKSON, District Judge.

Rehearing and Rehearing En Banc Denied in No. 98-1420 October 13, 1999.

Rehearing and Rehearing En Banc Denied in No. 98-3478 October 15, 1999.

LOKEN, Circuit Judge.

The ICC Termination Act of 19951 transferred the motor carrier regulatory functions of the Interstate Commerce Commission to the Department of Transportation and the Surface Transportation Board. See 49 U.S.C. § 13501. Within DOT, the Federal Highway...

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