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YAPP v. EXCEL CORP.

Nos. 98-1061, 98-1069.

186 F.3d 1222 (1999)

Kenneth E. YAPP, Plaintiff-Appellant, v. EXCEL CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 3, 1999.

Attorney(s) appearing for the Case

Pamela A. Shaddock, (Bradley D. Laue and Kathleen M. Flynn with her on the briefs), of Brega & Winters P.C., Greeley, Colorado, for Appellant.

Walter V. Siebert, (Heather Fox Vickles with him on the brief), of Sherman & Howard L.L.C., Denver, Colorado, for Appellee.

Before TACHA, HENRY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Kenneth E. Yapp appeals the judgment of the United States District Court for the District of Colorado, granting summary judgment to Excel Corporation ("Excel") on the basis of claim preclusion. In the summer of 1996, Yapp filed suit against his former employer, Excel, for overtime compensation due under the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201-219. Two weeks later he filed suit against Excel alleging numerous...

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