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HALFERTY v. PULSE DRUG CO., INC.

No. 87-5609.

864 F.2d 1185 (1989)

Irma HALFERTY, Plaintiff-Appellee, v. PULSE DRUG COMPANY, INC. d/b/a Pulse Ambulance Service, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 8, 1989.

Attorney(s) appearing for the Case

Shelton E. Padgett, Kris J. Bird, Kaufman, Becker, Clare & Padgett, San Antonio, Tex., for defendant-appellant.

Gary Scarzafava, Judith A. Yacono, San Antonio, Tex., for plaintiff-appellee.

Before GEE, SNEED, and WILLIAMS, Circuit Judges.

SNEED, Circuit Judge:

Pulse Drug Co., Inc., ("Pulse") appeals a judgment awarding damages and an attorney's fee to Irma Ruth Halferty under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219 (1982 & Supp.IV 1986). Pulse argues that the judgment impermissibly conflicts with an earlier order in the case and that Halferty's recovery is not proper under the FLSA. We reverse on the latter ground.

I.

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