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HARDING v. KURCO, INC.

No. 78-1548.

603 F.2d 813 (1979)

Kathleen A. HARDING, Kathleen A. Nuzum, Debra J. Cross, John M. Ramsey, Garret Giann, Ben F. Foecke, Fred A. Bessol and John A. Biggs, Plaintiffs-Appellees, v. KURCO, INC., a Colorado Corporation dba Fred Astaire Dance Studios of Colorado and dba Fred Astaire Dance Studio Co. of Denver and dba Fiesta Dance Club, Defendant-Appellant. Ernie GOMEZ and Roxanne Gomez, Plaintiffs-Appellees, v. KURCO, INC., a Colorado Corporation dba Fred Astaire Dance Studios of Colorado and dba Fred Astaire Dance Studio Co. of Denver and dba Fiesta Dance Club, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 15, 1979.

Attorney(s) appearing for the Case

Gregory B. Kanan of Rothgerber, Appel & Powers, Denver, Colo., filed Response to Show Cause Order on behalf of defendant-appellant.

H. Earl Moyer of Moyer & Beal, Lakewood, Colo., appeared on behalf of plaintiffs-appellees.

Before SETH, Chief Judge, and BARRETT and LOGAN, Circuit Judges.

PER CURIAM.

These actions were brought by plaintiffs-appellees under the Fair Labor Standards Act against their former employer for wages due, but unpaid. After rejecting defendant's challenge to the district court's subject matter jurisdiction, Judge Matsch ordered that the two actions be consolidated "for all purposes" and referred to the United States Magistrate "for trial to final judgment." In addition, the parties stipulated that the matter would be tried before...

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