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KINNEY SHOE CORP. v. VORHES

No. 75-2242.

564 F.2d 859 (1977)

KINNEY SHOE CORPORATION, a New York Corporation, Defendant-Appellant, v. Bob W. VORHES and John A. Wagner et al., Plaintiffs-Appellees.

United States Court of Appeals, Ninth Circuit.

October 25, 1977.

Attorney(s) appearing for the Case

Albert H. Ebright, argued, Ball, Hunt, Hart, Brown & Baerwitz, Beverly Hills, Cal., for defendant-appellant.

J. David Rosenfield, Alfred H. Krieger, argued, Encino, Cal., for plaintiffs-appellees.

Before DUNIWAY, CHOY and WALLACE, Circuit Judges.

CHOY, Circuit Judge:

Appellant Kinney Shoe Corp. (Kinney) takes this interlocutory appeal from a district court order permitting the sending of notice and consent-to-join forms to potential plaintiffs in a class action under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b). We reverse and remand.

Facts and Proceedings Below

Appellees Bob Vorhes and John Wagner filed this action against appellant Kinney, their former employer, for...

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