(Emphasis added.) In accordance with the terms of the Carrier Contract, Oak Harbor and NLC negotiated the rates governing the shipments on a roughly annual basis. AGREEMENT shall be automatically extended for successive twelve (12) month terms or until canceled by either party by giving written notice to the other party at least thirty (30) days prior to the date of termination.
Oak harbor standard notes full#
․ This AGREEMENT shall be effective on the date it is signed and will remain in full force and effect from signing date for twelve (12) months. SHIPPER agrees to pay CARRIER within a predetermined time from date of receipt regardless whether or not BROKER/SHIPPER has been paid for movement.
Oak harbor standard notes series#
(CARRIER), MC # 139763 engaged in the business of conducting the transportation of regulated commodities in Interstate Commerce over public highways, provides that NATIONAL LOGISTICS CORPORATION will offer a series of shipments to the CARRIER, which the CARRIER agrees to transport․ BROKER/SHIPPER and CARRIER agree rates governing shipments will be established to meet the schedules verbally agreed upon and verbal agreement will be reduced to writing by CARRIER submitting its invoice to BROKER/SHIPPER. MC205436 and Oak Harbor Freight Lines, Inc. This AGREEMENT between NATIONAL LOGISTICS CORPORATION (BROKER/ SHIPPER), operating under ICC Broker No. The Carrier Contract provided, in pertinent part: On January 8, 1992, Oak Harbor and NLC signed a National Logistics Corporation Carrier Contract (“Carrier Contract”) to govern their relationship. The outbound brokerage services required NLC to identify carriers to move Sears' freight from Sears' warehouses to various freight transportation and delivery companies. By early 1992, Sears expanded the scope of NLC's responsibilities to include broker services for “outbound” shipments. At first, NLC was hired only to perform brokerage services for “inbound” or “return” shipments, which involved identifying carriers to move freight from Sears' vendors to Sears' warehouses. In 1989, Sears hired NLC to perform brokerage services. Oak Harbor hauled Sears' freight for a number of years without the use of an intermediary. § 371.2(d) (“ ‘Non-brokerage service’ is all other service performed by a broker on behalf of a motor carrier, consignor, or consignee.”). As a part of its non-brokerage services, NLC reviewed and audited Oak Harbor's freight bills and collected funds from Sears to pay those freight bills. It can be performed on behalf of a motor carrier, consignor, or consignee.”). § 371.2(c) (“ ‘Brokerage’ or ‘brokerage service’ is the arranging of transportation or the physical movement of a motor vehicle or of property.
As a part of its brokerage services, NLC arranged for Oak Harbor to move Sears' freight. NLC provided both brokerage and non-brokerage services for Sears. NLC, an Illinois corporation, is a licensed and registered property “broker” that arranges transportation by motor carrier under the authority of the Federal Motor Carrier Safety Act. Sears is a New York corporation that, among other things, sells tools and appliances at wholesale and retail.
§ 13102(14), provides intrastate and interstate freight transportation. Oak Harbor, a Washington corporation and licensed “motor carrier” under the Federal Motor Carrier Safety Act, 49 U.S.C. Because the facts are uncontested, we rely on the district court's findings. The district court's opinion recites the facts in detail. In a later order, the district court held that Oak Harbor was entitled to both prejudgment and post-judgment interest, with the rate of prejudgment interest set according to Washington law. Following cross-motions for summary judgment, the district court held NLC and Sears jointly and severally liable for the charges under Washington law. NLC arranged the transportation, which Oak Harbor provided. (“Sears”) and National Logistics Corporation (“NLC”) to recover nearly half a million dollars for transportation of Sears' freight. (“Oak Harbor”), brought suit against Defendants Sears Roebuck & Co. Hart, Larson Hart & Shepherd PLLC, Seattle, WA, for the plaintiff-appellee.
Berndt, Schopf & Weiss LLP, Chicago, IL, for the defendant-appellant. Decided: January 18, 2008īefore: WILLIAM C. SEARS ROEBUCK & CO., dba Sears Contract Sales, a foreign corporation, Defendant-cross-claimant-Appellant, National Logistics Corporation, a foreign corporation, Defendant-cross-defendant. OAK HARBOR FREIGHT LINES, INC., a Washington corporation, Plaintiff-Appellee, v. United States Court of Appeals,Ninth Circuit.
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