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BRIGGS v. SAGERS

No. 473-69.

424 F.2d 130 (1970)

Lloyd BRIGGS, Dorothy Briggs, Elson Brickey, Francis Brickey, for themselves and others similarly situated, Plaintiffs-Appellants, v. Paul S. SAGERS, Director, American Fork Training School, Herbert F. Smart, Director Finance, State of Utah, and the State of Utah, a sovereign, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 7, 1970.

Attorney(s) appearing for the Case

Ronald Rosenberg, Washington, D. C. (Eugene Gressman, Washington, D. C., Gerald G. Gundry and C. Van Drunen, Salt Lake City, Utah, on the brief), for appellants.

Robert B. Hansen, Deputy Atty. Gen., Salt Lake City, Utah (Vernon B. Romney, Atty. Gen. of Utah, Salt Lake City, Utah, on the brief), for appellees.

Before MURRAH, Chief Judge, and HILL and HICKEY, United States Circuit Judges.

HILL, Circuit Judge.

The appellants instituted this suit pursuant to the Fair Labor Standards Act, to recover unpaid overtime compensation and an additional equal amount as liquidated damages. Jurisdiction was alleged under 29 U.S.C. § 216(b) and 28 U.S.C. § 1337. Primarily on grounds of its sovereign immunity, the State of Utah moved to dismiss for want of jurisdiction. Convinced that the suit was primarily directed against the State of Utah, the District...

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