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IN RE ARCTIC EXP. INC.

No. 09-3463.

636 F.3d 781 (2011)

In re ARCTIC EXPRESS INC.; D & A Associates Ltd., Debtors. Owner Operator Independent Drivers Association, Inc.; Carl Harp, as Representatives of the Class and the Certified Class of Owner-Operators; Michael Wiese, as Representatives of the class and the Certified Class of Owner-Operators, Appellants, v. Comerica Bank, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Joyce E. Mayers , The Cullen Law Firm, PLLC, Washington, D.C., for Appellants. Alycia N. Broz , Vorys, Sater, Seymour and Pease LLP, Columbus, Ohio, for Appellee. ON BRIEF: Joyce E. Mayers , Paul D. Cullen, Sr. , The Cullen Law Firm, PLLC, Washington, D.C., for Appellants. Alycia N. Broz , Michael G. Long , Timothy B. McGranor , Vorys, Sater, Seymour and Pease LLP, Columbus, Ohio, for Appellee.

Before: NORRIS, COOK, and GRIFFIN, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Plaintiffs Owner Operator Independent Drivers Association, Inc. ("OOIDA"), and Carl Harp and Michael Wiese, as representatives of the certified class of owner-operators, seek to enforce a final judgment obtained in a class action brought on behalf of independent owner-operator truck drivers against a regulated motor carrier, debtor Arctic Express Inc. ("Arctic"), for maintenance escrow funds owed to the

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