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SUTTON v. ENGINEERED SYSTEMS, INC.

No. 78-1868.

598 F.2d 1134 (1979)

Jesse SUTTON, Appellant, v. ENGINEERED SYSTEMS, INC., a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 16, 1979.

Attorney(s) appearing for the Case

Russell S. Daub, Omaha, Neb., for appellant.

Edward J. McCarthy of Seminara, Caniglia, Turco, McCarthy & Sacoman, Omaha, Neb., for appellee.

Before STEPHENSON and HENLEY, Circuit Judges, and MEREDITH, District Judge.

STEPHENSON, Circuit Judge.

The sole issue to be considered by this court is whether the trial court1 correctly applied, to appellant's job situation, the high-salaried executive exemption from overtime pay as defined in 29 C.F.R. §§ 541.1 & .119.

We hold that the trial court was correct in its application of the regulations and in finding that appellant's "primary duty consists of the management of * * * a customarily...

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