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U.S. XPRESS ENTERPRISES v. J.B. HUNT TRANSPORT

No. 02-2587.

320 F.3d 809 (2003)

U.S. XPRESS ENTERPRISES, INC., a Tennessee Corporation; Jarrett Bush, Plaintiffs-Appellees, v. J.B. HUNT TRANSPORT, INC., an Arkansas Corporation, Defendant-Appellee XTL Transport, Inc., a Canadian Corporation, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 21, 2003.

Rehearing Denied: March 18, 2003.

Attorney(s) appearing for the Case

W. James Foland, argued, Kansas City, MO (Wm. Clayton Crawford and Jack W. Green, Jr., on the brief), for appellant.

Patrick McMonigle, argued, Kansas City, MO for U.S. Xpress.

Eric T. Swanson, argued, Kansas City, MO (Theresa Shean Hall, on the brief), for J.B. Hunt Transport.

Before WOLLMAN and MURPHY, Circuit Judges, and GRITZNER, District Judge.

GRITZNER, District Judge.

On this appeal, appellant XTL Transport, Inc., asserts the district court2 erred (1) in failing to undertake an appropriate Batson analysis of XTL's use of a peremptory strike on a prospective juror and by upholding Jarrett Bush's challenge to XTL's peremptory strike of such prospective juror; (2) in failing to grant XTL's Motion for New Trial after U.S. Express failed to timely produce satellite information...

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