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REAL v. DRISCOLL STRAWBERRY ASSOCIATES, INC.

No. 77-1935.

603 F.2d 748 (1979)

Alonzo REAL, Jesus Real, Porfirio Flores, Ruben Mancillas, Andres Madrigal, Eliseo Ramirez, Jr., Genaro Castillo, Filomeno Leal, Jesus Guzman, Eudocio Salinas, Ramon R. Cavazos, Rosalio Vela, Jesus Cornejo, Matias Martinez, Eugenio Rodriguez, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. DRISCOLL STRAWBERRY ASSOCIATES, INC., D. J. Driscoll, Individually and doing business as Driscoll Berry Farms; Doe One through Doe Fifty, Black Corporation, White Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 24, 1979.

Attorney(s) appearing for the Case

Melvyn D. Silver, Morgan, Beauzay & Hammer, San Jose, Cal., for plaintiffs-appellants.

Eugene Garfinkle, Richard J. Archer, San Francisco, Cal., for defendants-appellees.

Before CARTER, CHOY and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

Fifteen individual plaintiffs (appellants), representing themselves and a class of similarly situated persons, appeal from a summary judgment dismissing their action brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. (1976), against the appellees, Driscoll Strawberry Associates, Inc. (DSA) and Donald J. Driscoll (Driscoll). The district court concluded that the record establishes as a matter of law that...

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