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OWNER OPERATOR IND. DRIVERS v. NEW PRIME, INC.

No. 25742.

133 S.W.3d 162 (2004)

OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., and Jeffrey Warta, Individually, and on behalf of all similarly situated, Plaintiffs-Appellants, v. NEW PRIME, INC., d/b/a Prime, Inc., Robert Lowe, Lawana Lowe, and Vera Lowe, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Petition for Rehearing and Transfer Denied April 20, 2004.

Application for Transfer Denied May 25, 2004.

Attorney(s) appearing for the Case

Richard E. Davis, Whiteaker & Wilson, P.C., Springfield, Thomas A. Sheehan, Shook, Hardy & Bacon, L.L.P., Kansas City, for Appellant.

R. Lawrence Ward, James C. Sullivan, Richard M. Paul, III, Shughart, Thomson & Kilroy, P.C., Kansas City, John C. Holstein, Shughart, Thomson & Kilroy, P.C., Springfield, for Respondent.

JAMES K. PREWITT, Judge.

The plaintiffs in this case ("Appellants") filed a class action petition against the defendants seeking the return of insurance premiums paid for the procurement of workers' compensation insurance. According to Appellants, New Prime, Inc. ("Prime"), as the alleged employer of Appellants, was responsible for paying workers' compensation premiums and therefore, by requiring Appellants to maintain...

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