KELLY v. HINES-RINALDI FUNERAL HOME, INC.

No. 87-3138.

847 F.2d 147 (1988)

David KELLY, Plaintiff-Appellant, v. HINES-RINALDI FUNERAL HOME, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1988.


Attorney(s) appearing for the Case

Robert K. Goren, for plaintiff-appellant.

Jerry R. Goldstein, for defendant-appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and McMILLAN, United States District Judge from the Western District of North Carolina, sitting by designation.


CHAPMAN, Circuit Judge:

David Kelly appeals the district court's order granting summary judgment to his former employer, Hines-Rinaldi Funeral Home, Inc. Kelly's lawsuit alleges that Hines-Rinaldi violated the Fair Labor Standards Act ("FLSA"), codified at 29 U.S.C. § 201 et seq. (1982), by failing to pay him overtime. We affirm the judgment of the district court.

I

The facts in this case are basically undisputed. Hines-Rinaldi hired...

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