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GAINES MOTOR LINES, INC. v. KLAUSSNER FURNITURE IND.

No. 12-2269.

734 F.3d 296 (2013)

GAINES MOTOR LINES, INC.; B.A.H. Express, Inc.; Freightmaster, Inc.; David Phillips Trucking Co.; H.G. Smith Company, Inc.; Triangle Transport and Distribution Services, LLC; Graham Trucking Enterprises, Inc.; Big Ben Trucking, LLC, Plaintiffs-Appellants, and Southland Transportation Company, Plaintiff, v. KLAUSSNER FURNITURE INDUSTRIES, INC., Defendant-Appellee, and Salem Logistics Traffic Services, LLC; Salem Logistics, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: October 30, 2013.

Attorney(s) appearing for the Case

ARGUED: Robert D. Moseley, Jr. , Smith Moore Leatherwood LLP, Greenville, South Carolina, for Appellants. James Aaron Dean , Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, North Carolina, for Appellee. ON BRIEF: C. Fredric Marcinak III , Smith Moore Leatherwood LLP, Greenville, South Carolina, Jon Berkelhammer , Smith Moore Leatherwood LLP, Greensboro, North Carolina, for Appellants. Michael Montecalvo , Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, North Carolina, for Appellee.

Before SHEDD, DUNCAN, and KEENAN, Circuit Judges.

Vacated and remanded with instructions by published opinion. Judge DUNCAN wrote the opinion, in which Judge SHEDD and Judge KEENAN joined.

DUNCAN, Circuit Judge:

In this appeal, we address a question of first impression in this circuit: whether, absent a federal tariff, federal courts have subject matter jurisdiction over a motor carrier's breach of contract claim against a shipper for unpaid freight charges. For...

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