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GILBREATH v. CUTTER BIOLOGICAL, INC.

Nos. 87-2831, 88-15466 and 89-15658.

931 F.2d 1320 (1991)

Carral Raymond GILBREATH, Plaintiff-Appellant, v. CUTTER BIOLOGICAL, INC.; Miles Laboratory, Parent corporation of Cutter Biological, Defendants-Appellees. Donald Eugene YOUNG; Sonny Metcalf; Kenneth O. Ashelman; James Delbert Scott; Jose Alvarez Cardenas; Danny L. Try; Charles L. Boylan; Gary Keith Griffin; Donald A. Joy, Plaintiffs-Appellants, v. CUTTER BIOLOGICAL, A DIVISION OF SCRIPT MILES LABORATORIES; Norman L. Gray, Manager; Darrell Esteson, Manager of Cutter Biological as Arizona State Prison at Florence, Defendants-Appellees. Donald Eugene YOUNG; Sonny Metcalf; Kenneth O. Ashelman; James Delbert Scott; Jose Alvarez Cardenas; Danny L. Try; Charles L. Boylan; Gary Keith Griffin; Donald A. Joy, Plaintiffs-Appellants, v. CUTTER BIOLOGICAL, A DIVISION OF SCRIPT MILES LABORATORIES; Norman L. Gray, Manager; Arizona Department of Corrections, a Division of the State of Arizona, et al.; State of Arizona; Samuel Lewis; James Ricketts; Robert Goldsmith, Warden, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 22, 1991.

Attorney(s) appearing for the Case

Michael E. St. George, St. George & Reed, Tempe, Ariz., for plaintiffs-appellants.

June Ava Forescue, Asst. Atty. Gen. and Tibor Nagy, Jr., Snell & Wilmer, Phoenix, Ariz., for defendants-appellees.

Before D.W. NELSON, TROTT and RYMER, Circuit Judges.

TROTT, Circuit Judge:

SUMMARY

Appellants, inmates in an Arizona penitentiary, appeal the dismissal of their action seeking damages, alleging the state did not pay them minimum wages for work in prison industry. They claim wage protection under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219 (1989), and Arizona law. They also claim they have been denied without due process their property interest in the funds due them under state law...

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