UNITED SHIPPING CO. v. TUCKER CO.

Nos. C2-91-402, C5-91-457.

474 N.W.2d 835 (1991)

The BANKRUPTCY ESTATE OF UNITED SHIPPING COMPANY, INC., Appellant, (C2-91-402) v. TUCKER COMPANY, Respondent. (C2-91-402). UNITED SHIPPING COMPANY, INC., Appellant, (C5-91-457) v. NATIONAL AUTOMOTIVE & RUBBER MARKETING, INC. d/b/a N.A.R.M. Transportation Brokerage, Respondent. (C5-91-457).

Court of Appeals of Minnesota.

Review Denied October 31, 1991.


Attorney(s) appearing for the Case

Thomas E. Wolff, Snelling Christensen & Briant, P.A., Minneapolis, for United Shipping Co., Inc.

Barbara R. Kueppers, Minneapolis, for Tucker Co.

Forrest M. Anderson, Harper & Anderson, Chtd., Cottage Grove, for Nat. Automotive & Rubber Marketing, Inc.

Considered and decided by CRIPPEN, P.J., and NORTON and SHORT, JJ.


OPINION

SHORT, Judge.

On appeal from separate grants of summary judgment, United Shipping Company, Inc. (U.S.C.) argues the trial court erred in (1) concluding it had a contract carrier relationship with Tucker Company; and (2) holding neither Tucker nor National Automotive & Rubber Marketing, Inc. (N.A.R.M.) were responsible for freight undercharges because both companies were transportation brokers; and (3) failing to hold both brokers have waived...

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