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MILAN EXP. CO., INC. v. WESTERN SUR. CO.

No. 88-5960.

886 F.2d 783 (1989)

MILAN EXPRESS COMPANY, INC.; Nashville Country Express, Inc., Plaintiffs-Appellants, v. WESTERN SURETY COMPANY; Old Republic Surety Company; Lawyers Surety Corporation; Northwest National Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 22, 1989.

Attorney(s) appearing for the Case

William P. Sutherland, Watkins, McGugin, McNeilly & Rowan, Nashville, Tenn., Henry E. Seaton, III (argued), Washington, D.C., for plaintiffs-appellants.

Charles W. McElroy, Eugene N. Bulso, Jr. (argued), Boult, Cummings, Conners & Berry, Nashville, Tenn., Lawrence V. Smart, Jr., Portland, Or., for defendants-appellees.

Herbert Liebman, Frankfort, Ky., Lawrence E. Lindeman, Alexandria, Va., Ad-Hoc Committee to end Broker Abuses (ACTEBA).

Before KEITH and KENNEDY, Circuit Judges; and MCQUADE, District Judge.

KEITH, Circuit Judge.

Plaintiff motor carriers appeal from a district court order denying their motion for class certification and dismissing their freight-bonding action for lack of subject matter jurisdiction. Plaintiffs contend that their case arose under an act of Congress regulating commerce. 28 U.S.C. § 1337(a). As payment for transportation services provided to allegedly delinquent property brokers, plaintiff motor carriers seek the proceeds of surety...

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