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KILGORE v. OUTBACK STEAKHOUSE OF FLORIDA, INC.

No. 97-5902.

160 F.3d 294 (1998)

Misti A. KILGORE, Crystal I. Madison, Michael A. Badal, and Robert P. Andrews, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. OUTBACK STEAKHOUSE OF FLORIDA, INC., a/k/a FMI Restaurants, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 2, 1998.

Rehearing and Suggestion for Rehearing Denied December 9, 1998.

Attorney(s) appearing for the Case

Dale J. Montpelier (briefed), Katherine A. Young (argued and briefed), Montpelier & Young, Knoxville, TN, for Plaintiffs-Appellants.

William G. Trumpeter (argued and briefed), John Y. Elliott, III (briefed), Miller & Martin, Chattanooga, TN, for Defendants-Appellees.

Before: KENNEDY and COLE, Circuit Judges; RUSSELL, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied December 9, 1998.

OPINION

KENNEDY, Circuit Judge.

Defendant Outback Steakhouse of Florida, Inc. ("Outback") requires its servers to give a share of their tips (a "tip out") to Outback, which then distributes this entire "tip pool" between hosts/hostesses ("hosts"), bus persons, and bartenders. Plaintiffs are hosts and servers at Outback who challenge Outback's tip pool arrangement under the Fair...

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