Named plaintiffs and appellants Irwin Albillo and Luis Montoya are class representatives of the appellant class of independent contractor truck owners and owner-operators, who contracted to transport freight for defendants and respondents Intermodal Container Services, Inc. , Intermodal Container Services, Inc. doing business as Harbor Rail Transport, Interstate Consolidation, Inc. , and Interstate Consolidation, Inc. doing business as Cartage Service. The two primary companies are Intermodal Container Service, Inc. and Interstate Consolidation Service, Inc. [FN 2] A division of Intermodal does business as Harbor Rail Transport; a division of Interstate does business as Cartage Service. Intermodal motor carriers, or trucks, are a critical link in the intermodal chain, as they are the only effective means of moving trailers or containers from marine and rail terminals. Appellants Irwin Albillo and Luis Montoya filed the operative first amended complaint on April 8, 1999, on behalf of themselves and similarly-situated individuals. The companies' founders sold their interest in Intermodal and Interstate to Pacer International in 1997, after this lawsuit was initiated.

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