Dist. Ct. did not err in entering judgment in favor of defendant-trucking company in class action by plaintiffs-truck drivers, alleging that defendant breached contract, which called for payment of 71% of gross revenue that defendant received from customers for use of plaintiffs' trucking equipment, where defendant failed to pay plaintiffs 71% of net revenue that defendant received for “special services” billed to its customers. Instant contract failed to contain any provision calling for payment of 71% of net revenue for anything, and “special services” was item that was expressly excluded from calculation of what was owed to plaintiffs. Ct. rejected plaintiff’s argument that instant exclusion contemplated only those special services that defendant provided to customers at cost.
Federal 7th Circuit Court
Civil Court
Contract