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GUTHRIE v. LADY JANE COLLIERIES, INC.

Nos. 83-5181, 83-5200.

722 F.2d 1141 (1983)

Randall L. GUTHRIE, Thomas D. Chambers, Boyd R. Guthrie, Albien J. Kos, Melvin C. Bumbarger, Delvin Cole, Ray R. Alvetro and Warren C. Hamilton, on behalf of themselves and all other employees of Lady Jane Collieries, Inc., similarly situated, Appellants, v. LADY JANE COLLIERIES, INC., a Pennsylvania Corporation, Appellees. Randall L. GUTHRIE, Thomas D. Chambers, Boyd R. Guthrie, Albien J. Kos, Melvin C. Bumbarger, Delvin Cole, Ray R. Alvetro and Warren C. Hamilton, on behalf of themselves and all other employees of Lady Jane Collieries, Inc., similarly situated, Appellees, v. LADY JANE COLLIERIES, INC., a Pennsylvania Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 16, 1983.

As Amended March 1, 1984.

Attorney(s) appearing for the Case

Lucinda A. Bush (argued), Hart & Bush, Washington, Pa., for appellant in No. 83-5181 and appellees in No. 83-5200.

Thomas A. Smock (argued), David J. Laurent, Corcoran, Hardesty, Ewart, Whyte, Polito, P.C., Pittsburgh, Pa., for appellees in No. 83-5181 and appellant in No. 83-5200; Joseph T. Kosek, Jr., Ebensburg, Pa., of counsel.

Before GIBBONS, GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

Under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a) (1976), employees are entitled to overtime compensation, at the rate of one and one-half times the regular rate, for time worked in excess of forty hours per week. Exempt from this provision is any "employee employed in a bona fide executive, administrative, or professional capacity." Id. Section 213(a). "Executive capacity" is further defined...

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