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OWNER OPERATOR INDEPENDENT v. CONCORD EFS

59 S.W.3d 63 (2001)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., et al. v. CONCORD EFS, INC., et al.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied October 26, 2001.

Attorney(s) appearing for the Case

Jonathan A. Dibble and Eric D. Barton, Salt Lake City, UT, and Eugene N. Bulso, Jr. and Thor Y. Urness, Nashville, TN, for the appellant, Flying J, Inc.

Robert R. Campbell and Amy V. Hollars, Knoxville, TN, for the appellant, Pilot Corporation.

W. Gary Blackburn and John R. Callcott, Nashville, TN, and Paul D. Cullen, Sr., Joyce E. Mayers, and Amy Irene Washburn, Washington, DC, for the appellees, Owner-Operator Independent Drivers Association, Inc., Harold Landry, Jimmy Hux (d/b/a/ Hux Trucking), Richard Kershman, and Laurel Barrick.

J. Richard Buchignani, Douglas A. Black, and Lyle Reid, Memphis, TN, for the appellees, Concord EFS, Inc. and EFS National Bank, Inc.

OPINION

ADOLPHO A. BIRCH, Jr., J., delivered the opinion of the court, in which E. RILEY ANDERSON, C.J., FRANK F. DROWOTA, III, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

The plaintiffs, who are or independent truck drivers and their representatives, claim they are intended third-party beneficiaries of certain contracts between Flying J, Inc., Pilot Corporation, and EFS National Bank, Inc. The plaintiffs contend that Flying J, Inc. and Pilot Corporation...

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