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B & B TRUCKING, INC. v. U.S. POSTAL SERVICE

No. 02-1562.

406 F.3d 766 (2005)

B & B TRUCKING, INC.; Causley Trucking, Inc.; Cliff Blackburn; Fedrizzi, Inc.; Foreman Bros., Inc.; George E. Campbell and Sons, Inc.; L.R. Vincent Truck and Service, Inc.; M.C. Eipperle, Inc.; Massman Trucking, Inc.; P-D Trucking, Inc.; Robert M. Neff, Inc.; Roth Trucking, Inc.; Royster Enterprises, Inc.; Sodrel Truck Lines, Inc.; Taylor Postal Contracting, Inc.; National Star Route Mail Contractors Association; B & B Industries, Inc.; B & T Mail Services, Inc.; Sheehy Mail Contractors, Inc., Plaintiffs-Appellants, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 28, 2005.

Attorney(s) appearing for the Case

ARGUED: Sharon Ambrosia-Walt, Houger & Walt, Seattle, Washington, for Appellants. Brian M. Simkin, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Sharon Ambrosia-Walt, Houger & Walt, Seattle, Washington, for Appellants. Brian M. Simkin, David M. Cohen, United States Department of Justice, Washington, D.C., for Appellee.

Before: BOGGS, Chief Judge; MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

COOK, J., delivered the opinion of the court, in which BOGGS, C. J., BATCHELDER, GILMAN, GIBBONS, ROGERS, and SUTTON, JJ., joined.

COLE, J. (pp. 770-73), delivered a separate concurring opinion, in which DAUGHTREY, J., joined.

BOYCE F. MARTIN, Jr., J. (pp. 773-78), delivered a separate dissenting opinion, in which MOORE and CLAY, JJ., joined.

OPINION

COOK, Circuit Judge.

Plaintiffs (collectively "truckers") appeal the district court...

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