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ALL-WAYS LOGISTICS, INC. v. USA TRUCK, INC.

No. 08-1054.

583 F.3d 511 (2009)

ALL-WAYS LOGISTICS, INC., Appellee, v. USA TRUCK, INC.; USA Logistics, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: October 1, 2009.

Attorney(s) appearing for the Case

Brandon J. Harrison, argued, Jonesboro, AR (Andrew H. Dallas, and Barry Deacon, on the brief), for appellant.

Robert M. Cearley, Jr., argued, Little Rock, AR, for appellee.

Before MURPHY, BOWMAN, and BENTON, Circuit Judges.

BOWMAN, Circuit Judge.

This breach-of-contract case arises out of a commission agreement entered into by All-Ways Logistics, Inc., and USA Truck, Inc. Following a jury trial, the District Court1 awarded All-Ways approximately $3 million on its breach-of-contract claims, as well as prejudgment interest and attorney fees. USA Truck appeals, arguing that the District Court erred by (1) failing to instruct the jury on an affirmative defense...

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