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BLACKMON v. BROOKSHIRE GROCERY CO.

No. 86-2904.

835 F.2d 1135 (1988)

Donald BLACKMON and Richard Glen DeYoung, Plaintiffs-Appellees, v. BROOKSHIRE GROCERY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 22, 1988.

Attorney(s) appearing for the Case

Stephen W. Smith, Robert S. Bambace, Fulbright & Jaworski, Houston, Tex., for defendant-appellant.

Jackie Cox, R. Daryll Bennett, Longview, Tex., for plaintiffs-appellees.

Before BROWN, POLITZ, and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

Donald Blackmon and Richard Glen DeYoung, meat market managers in stores owned by Brookshire Grocery Company, invoked the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219, against their employer, seeking overtime wages. Following a bench trial, the district court found Blackmon and DeYoung to be non-exempt employees entitled to overtime wages for all hours worked over 40 in any workweek. The court further found Brookshire...

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