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THOMAS v. WICHITA COCA-COLA BOTTLING CO.

Nos. 91-1274, 91-1342.

968 F.2d 1022 (1992)

Mark A. THOMAS, John Hagar, Douglas Gillott, Reyes Medrano, Edward Watkins, Anthony Sintas, Anthony Giron, Michael Church, Buckley Berkey, William Churchill, and Victor Bradee, on their Behalf, and on Behalf of all Similarly Situated Individuals who may be elected to Participate in this Action Pursuant to 29 U.S.C., Section 126(d), Plaintiffs-Appellants, v. The WICHITA COCA-COLA BOTTLING COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 1, 1992.

Attorney(s) appearing for the Case

Andrew T. Brake (Lee Thomas Judd with him on the brief), of Andrew T. Brake, P.C., Denver, for plaintiffs-appellants.

Elaine H. Turner, Colorado Springs (Gregory A. Eurich, Denver, with her on the brief), of Holland & Hart, for defendant-appellee.

Before LOGAN, ENGEL and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Pursuant to the provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, Plaintiffs-Appellants (Plaintiffs) sought to recover overtime wages from their employer, Defendant-Appellee Wichita Coca-Cola Bottling (Wichita). Wichita denied any obligation to pay overtime, relying on the motor carrier exemption of the Act, § 13(b)(1), 29 U.S.C. § 213(b)(1). The district court granted summary judgment in favor of...

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