WORTHINGTON v. ICICLE SEAFOODS, INC.

Nos. 84-3647, 84-3669.

749 F.2d 1409 (1984)

Larry WORTHINGTON, Roger Cameron, David Davey and Gerald Kent, Plaintiffs-Appellants, Cross-Appellees, v. ICICLE SEAFOODS, INC., a Washington corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1984.


Attorney(s) appearing for the Case

Carson F. Eller, Tacoma, Wash., for plaintiffs-appellants, cross-appellees.

Clemens H. Barnes, Erik Rosenquist, Graham & Dunn, Seattle, Wash., for defendant-appellee, cross-appellant.

Before WRIGHT, SNEED and ALARCON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Maintenance employees aboard a non-self-propelled fish processing barge sued to recover unpaid overtime compensation under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (1982) (FLSA). The district court found the maintenance employees exempt from the overtime provisions of the FLSA. These employees appeal that determination.

Three issues are presented: (1) are maintenance employees aboard...

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