Owner Operator Independent Dri, et al v. Comerica Bank


OPINION and JUDGMENT filed: AFFIRMED in part, REVERSED in part, case is REMANDED, decision for publication pursuant to local rule 206. Alan E. Norris, Deborah L. Cook, Richard Allen Griffin (AUTHORING), Circuit Judges.

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Case: 09-3463 Document: 006110886341 Filed: 03/03/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 09-3463 FILED Mar 03, 2011 LEONARD GREEN, Clerk 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. Before: NORRIS, COOK, and GRIFFIN, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Southern District of Ohio at Columbus. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court is AFFIRMED IN PART, REVERSED IN PART, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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