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NEWHOUSE v. ROBERT'S ILIMA TOURS, INC.

Nos. 81-4569, 81-4580.

708 F.2d 436 (1983)

Paul R. NEWHOUSE, Jr., Suki R. Kuresa and Elwin L. Adarna, Plaintiffs-Appellees, Cross-Appellants, v. ROBERT'S ILIMA TOURS, INC., Defendant-Appellant, Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 13, 1983.

Attorney(s) appearing for the Case

Susan Ichinose, Robert Patrick Jaress, Mukai, Ichiki, Raffetto & MacMillan, Honolulu, Hawaii, for plaintiffs-appellees, cross-appellants.

Barry W. Marr, Torkildson, Katz, Jossem & Loden, Honolulu, Hawaii, for defendant-appellant, cross-appellees.

Before CANBY, NORRIS, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

This case is before us for a second time. The plaintiffs are former drivers for Robert's Ilima Tours, an Hawaiian corporation providing transportation services for tourists on the island of Oahu. Robert's practice was to compensate its drivers for actual driving time only, not for time spent on-call waiting for assignments. In August 1975, plaintiffs brought an action to recover overtime compensation under the Fair Labor Standards Act (FLSA...

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