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OWNER OPERATOR INDEPENDENT v. SWIFT TRANSP.

No. 03-15735.

367 F.3d 1108 (2004)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC.; Gerald Webb; David Rush; Wayne Bibicoff; Roy Sparks; Olin Sparks; Paul Hawkins; David Hayes; Valarie Helton; John Nunn, Sr.; Frank Carter, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. SWIFT TRANSPORTATION CO., INC. (AZ); Swift Transportation Co., Inc.(NV); Ms Carriers, Inc.; Ms Carriers Warehousing & Distribution, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 12, 2004.

Attorney(s) appearing for the Case

James A. Moody, Washington, DC; Randall D. Wilkins, Bonn & Wilkins, Chartered, Phoenix, AZ; Daniel R. Unumb, Paul D. Cullen, Sr., Cullen Law Firm, Washington, DC, for the appellants.

Richard M. Paul, III, and James C. Sullivan, Shughart, Thompson & Kilroy, Kansas City, MO; Brian Michael Goodwin and Paul M. Briggs, Shughart, Thompson & Kilroy, Phoenix, AZ, for the appellees.

Before: CANBY, W. FLETCHER, and TALLMAN, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

The plaintiffs in this class action are independent truck drivers, known in the trucking industry as "owner-operators," and an association of owner-operators. Defendants are federally regulated motor carriers that contract with owner-operators to transport cargo across the country. Federal "Truth-in-Leasing" regulations require that motor carriers and owner-operators enter into written leases that explicitly address...

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