093577P.pdf   08/11/2011  Owner-Operator Independent  v.  Supervalu, Inc.
   U.S. Court of Appeals Case No:  09-3577
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Smith, Author, with Colloton and Shepherd, Circuit Judges]
   Civil case - Motor Carrier Act. In suit alleging Supervalu's insurance
   requirements for unloading trucks at its distribution centers violated the
   provisions of 49 U.S.C. Sec. 14103(a) by effectively requiring shippers to
   hire its preferred unloaders without reimbursement, the district court did
   not err in finding the statute did not impose on any particular party an
   unqualified duty to reimburse "lumping" fees; as a result, the district court
   did not err in granting summary judgment for Supervalu because plaintiffs
   failed to identify any of its truckers whom a shipper had not already
   reimbursed. Judge Colloton, concurring in the judgment.