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PAM TRANSPORT v. FREIGHTLINER CORPORATION

No. 92-16059.

57 F.3d 746 (1995)

PAM TRANSPORT, an Arkansas corporation; Andrew Mertyris, Plaintiffs-Appellants, v. FREIGHTLINER CORPORATION, a Delaware corporation; TRW Ross Gear, a division of TRW, Inc., an Ohio corporation; John Does I through X; Black Corporations I through X; White Partnerships I through X, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 23, 1994.

Resubmitted May 8, 1995.

Decided June 9, 1995.

Attorney(s) appearing for the Case

William G. Caravetta and Donald R. Wilson, Struckmeyer & Wilson, Phoenix, AZ, for plaintiffs-appellants.

Paul J. Mooney, E.J. Kotalik, Jr., Fennemore Craig and David C. Auther, Bowman & Brooke, Phoenix, AZ, for defendants-appellees.

Before: KOZINSKI and O'SCANNLAIN, Circuit Judges, and KELLEHER, District Judge.

KELLEHER, District Judge:

PAM Transport and Andrew Mertyris appeal from the district court's order granting Freightliner Corporation's motion for judgment on the pleadings. Based on the response of the Arizona Supreme Court to our certified question, we affirm.

I

On November 28, 1988, Plaintiff/Appellant Andrew Mertyris was operating a 1989 Freightliner tractor truck in the scope of his employment with Plaintiff/Appellant PAM Transport when he was...

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