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NICHOLS v. HURLEY

Nos. 89-7033, 89-7080.

921 F.2d 1101 (1990)

Russell NICHOLS; Robert Campbell; Jim Walters; Hayden Byrd; Carl Miller; Loyd McBee; Blake Dudoit, Plaintiffs-Appellants, v. Charles HURLEY, as Sheriff of LeFlore County, Oklahoma; The Board of County Commissioners of the County of LeFlore, State of Oklahoma, and The Excise Board of LeFlore County, Oklahoma, Defendants-Appellees. and The Secretary of Labor, Amicus Curiae. Al COSSEY; Alvin McGee; Jim Lawson, Plaintiffs-Appellants, v. Bobby GRAY, Sheriff of McIntosh County, State of Oklahoma; Board of County Commissioners of McIntosh County, State of Oklahoma, Defendants-Appellees. The Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 29, 1991.

Attorney(s) appearing for the Case

Bill R. Perceful, Pocola, Okl., for plaintiffs-appellants in No. 89-7033.

Gary R. Buckles, Poteau, Okl., for defendants-appellees in No. 89-7033.

Jerry G. Thorn, Monica Gallagher, Linda Jan S. Pack, and Ford F. Newman, Washington, D.C., on the brief for amicus curiae Secretary of Labor in No. 89-7033.

Mark Green, Green and Green, Muskogee, Okl., for plaintiffs-appellants in No. 89-7080.

Oliver R. Barris III, Asst. Dist. Atty., (Tom Giulioli, Dist. Atty., with him on the brief), Eufaula, Okl., for defendants-appellees in No. 89-7080.

Robert P. Davis, Monica Gallagher, Linda Jan S. Pack, and Ford F. Newman, Washington, D.C., on the brief for amicus curiae Secretary of Labor in No. 89-7080.

Before BALDOCK, BARRETT and EBEL, Circuit Judges.

PER CURIAM.

Plaintiffs-appellants in these two consolidated cases, present or former deputy sheriffs and undersheriffs for LeFlore and McIntosh Counties, Oklahoma, (hereinafter referred to as "deputy sheriffs"), appeal from judgments of the district court granting defendants'-appellees' (collectively hereinafter referred to as "County") motions for summary judgments in the deputy sheriffs' actions seeking compensation for overtime pursuant to the Fair Labor Standards...

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