Oak Harbor Freight v. Sears Roebuck & Co.

facts are uncontested, we rely on the district court’s findings.

Oak Harbor, a Washington corporation and licensed “motor carrier” under the Federal Motor Carrier Safety Act, 49 U.S.C. § 13102(14), provides intrastate and interstate freight transportation. Sears is a New York corporation that, among other things, sells tools and appliances at wholesale and retail. NLC, an Illinois corporation, is a licensed and registered property “broker” that arranges transportation by motor car- rier under the authority of the Federal Motor Carrier Safety Act. Id. § 13102(2).

NLC provided both brokerage and non-brokerage services for Sears. As a part of its brokerage services, NLC arranged 1 NLC also appealed, but later abandoned its appeal. 672 OAK HARBOR FREIGHT v. SEARS ROEBUCK for Oak Harbor to move Sears’ freight. See 49 C.F.R. § 371.2(c) (“ ‘Brokerage’ or ‘brokerage service’ is the arrang- ing of transportation or the physical movement of a motor vehicle or of property. It can be performed 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…