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PERKINS v. FEDERAL FRUIT & PRODUCE COMPANY, INC.

Civil Case No. 11-cv-00542-REB-KLM.

RICHARD PERKINS, individually, and RICHARD MILLER, individually, Plaintiffs, v. FEDERAL FRUIT & PRODUCE COMPANY, INC., a Colorado corporation, and MICHAEL MARTELLI, individually, Defendants.

United States District Court, D. Colorado.

April 12, 2012.

Attorney(s) appearing for the Case

Richard Perkins, individually, Plaintiff, represented by Reid Jason Elkus , Elkus & Sisson, P.C..

Richard Miller, individually, Plaintiff, represented by Reid Jason Elkus , Elkus & Sisson, P.C..

Federal Fruit & Produce Company, Inc., A Colorado Corporation, Defendant, represented by Brooke A. Colaizzi , Sherman & Howard, L.L.C.-Denver & Emily Fontelle Keimig , Sherman & Howard, L.L.C.-Denver.

Michael Martelli, individually, Defendant, represented by Brooke A. Colaizzi , Sherman & Howard, L.L.C.-Denver & Emily Fontelle Keimig , Sherman & Howard, L.L.C.-Denver.

Teamsters Local Union No. 455, Interested Party, represented by Linda M. Cote , Linda M. Cote, Attorney at Law.

ORDER CONCERNING MOTION FOR SUMMARY JUDGMENT

ROBERT E. BLACKBURN, District Judge.

This matter is before me on the Defendants' Motion for Summary Judgment [#57]1 filed January 9, 2012. The plaintiff filed a response [#71] and the defendant filed a reply [#73]. I grant the motion in part and deny it in part.

I. JURISDICTION

I have jurisdiction over this case under 28 U.S.C. § 1331 (federal question...

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