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SHELTON v. ERVIN

No. 86-8859 Non-Argument Calendar.

830 F.2d 182 (1987)

Jerry SHELTON, Plaintiff-Appellee, v. M.P. ERVIN and Betty Ervin, d/b/a Ervin's Liquor Store, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 20, 1987.

Attorney(s) appearing for the Case

James E. Carter, Carter & Butt, Eugene D. Butt, Madison, Ga., for defendants-appellants.

Joseph C. Nelson, III, Nelson & Sweat, P.A., Athens, Ga., for plaintiff-appellee.

Before TJOFLAT, HATCHETT and CLARK, Circuit Judges.

HATCHETT, Circuit Judge:

We dismiss this Fair Labor Standards Act (FLSA) case because we hold that the award of attorney fees in such cases is an integral part of the merits of the case, and a judgment is not final in such cases until the attorney fees issue is determined.

FACTS

M.P. and Betty Ervin are joint proprietors of two retail liquor stores in Georgia, one in Madison and the other in Rutledge, approximately ten miles apart. The Ervins employed...

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