MOREAU v. KLEVENHAGEN

No. 90-2833.

956 F.2d 516 (1992)

Lynwood MOREAU, Individually, as President of the Harris County Deputy Sheriff's Union, Local 154, IUPA, AFL-CIO, and as FLSA Representative of 37 Similarly Situated consenting Harris County Law Enforcement Officers, et al., Plaintiffs-Appellants, v. Johnny KLEVENHAGEN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 31, 1992.


Attorney(s) appearing for the Case

Michael T. Leibig, Monica C. Yriart, Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, Washington, D.C. and Richard H. Cobb, Houston, Tex., for plaintiffs-appellants.

Ann Hardy, Asst. County Atty., Houston, Tex., for defendants-appellees.

Before WILLIAMS, WIENER, Circuit Judges, and LITTLE, District Judge.


WIENER, Circuit Judge:

A deputy sheriffs' union appeals the district court's grant of summary judgment in favor of Harris County, Texas on all three of the union's claims under the Fair Labor Standards Act (FLSA). We affirm the grant of summary judgment on two of those claims. But finding that the union was misled by the district court's bifurcation of the case and was thereby prevented from presenting adequate summary judgment proof on the third claim, we reverse...

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