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OAK HARBOR FREIGHT LINES, INC. v. SEARS ROEBUCK

No. 06-35460.

513 F.3d 949 (2008)

OAK HARBOR FREIGHT LINES, INC., a Washington corporation, Plaintiff-Appellee, v. SEARS ROEBUCK & CO., dba Sears Contract Sales, a foreign corporation, Defendant-cross-claimant-Appellant, and National Logistics Corporation, a foreign corporation, Defendant-cross-defendant.

United States Court of Appeals, Ninth Circuit

Filed January 18, 2008.

Attorney(s) appearing for the Case

Paula E. Litt and William B. Berndt, Schopf & Weiss LLP, Chicago, IL, for the defendant-appellant.

Kenneth W. Hart, Larson Hart & Shepherd PLLC, Seattle, WA, for the plaintiff-appellee.

Before: WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

GRABER, Circuit Judge:

Plaintiff Oak Harbor Freight Lines, Inc. ("Oak Harbor"), brought suit against Defendants Sears Roebuck & Co. ("Sears") and National Logistics Corporation ("NLC") to recover nearly half a million dollars for transportation of Sears' freight. NLC arranged the transportation, which Oak Harbor provided. Following cross-motions for summary judgment, the district court held NLC and Sears jointly and severally liable for the charges under Washington...

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