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OWNER-OPERATOR INDEPENDENT DRIVERS ASS'N, INC. v. NEW PRIME, INC.

No. 97-3408-CV-S-1.

250 F.Supp.2d 1151 (2001)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., and Howard Jenkins, Marshall Johnson, Susan Johnson, and Jerry Vanboetzelaer, Individually and on behalf of All Others Similarly Situated, Plaintiffs, v. NEW PRIME, INC., d/b/a/ Prime, Inc. and Success Leasing, Inc., Defendants.

United States District Court, W.D. Missouri, Southern Division.

December 17, 2001.

Attorney(s) appearing for the Case

Daniel E. Cohen, The Cullen Law Firm, Washington, DC, Jerry Kirksey, Attorney at Law, Bolivar, for plaintiff.

James C. Sullivan, Richard M. Paul III, Shughart, Thompson, Kansas City, for defendant.

ORDER

WHIPPLE, District Judge.

Pending before the Court is Defendants' Motion for Judgment on the Pleadings. Plaintiffs filed Suggestions in Opposition and Defendants replied thereto. Defendant argues that the Supreme Court's recent decision in Alexander v. Sandoval requires the Court to dismiss Plaintiffs' claims because there is no private right of action to enforce the regulations that Plaintiffs seek to enforce. See Alexander v. Sandoval,<...

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