HALE v. STATE OF ARIZ.

Nos. 88-15785, 89-15162.

967 F.2d 1356 (1992)

Felton HALE and Richard S. Berry, Plaintiffs-Appellants, v. STATE OF ARIZONA; ARCOR Enterprises, a subdivision of the state; James Ricketts, former director of the Arizona Department of Corrections; Samuel Lewis, director of the DOC; Mariln Wilkens, director of Arizona Correctional Industries; Thomas Lescault, director of ARCOR; David Tierney, Earl Cobb, Thomas Donnelly, Henry Evans, Marcus Englemen, Delbert Householder, and Ray Shaffer, members of the Board of Directors, ARCOR Enterprises, Defendants-Appellees. John Leroy FULLER, et al., Plaintiffs-Appellants, v. STATE OF ARIZONA; ARCOR Enterprises, a subdivision of the state; James Ricketts, former director of the Arizona Department of Corrections; Samuel Lewis, director of the DOC; Mariln Wilkens, director of Arizona Correctional Industries; Thomas Lescault, director of ARCOR; Tony West, David Tierney, Earl Cobb, Thomas Donnelly, Henry Evans, Marcus Englemen, Delbert Householder, and Ray Shaffer, members of the Board of Directors, ARCOR Enterprises; Richard Orberg, ARCOR Vice President of Operations; Kenneth Van De Veer, ARCOR Vice President of Business and Finance; John F. Wright, former interim CEO, ARCOR; James Kinsella, former ARCOR Vice President of Business and Finance; Gilbert Evans, former ARCOR director of operations; Ralph Cluff, ARCOR operations and control officer; Michael Ullery, former interim ARCOR operations and control officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 14, 1990.

Resubmitted April 20, 1992.

Decided June 24, 1992.

Order Granting Rehearing September 16, 1992.


Attorney(s) appearing for the Case

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

June Ava Florescue, Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellees.

Before: FLETCHER, PREGERSON, and D.W. NELSON, Circuit Judges.


Order Granting Rehearing En Banc September 16, 1992.

D.W. NELSON, Circuit Judge:

Appellants in both Hale and Fuller are inmates in an Arizona penitentiary who work for Arizona Correctional Industries (hereinafter "ARCOR"), making products for sale in the outside world. They brought these actions against Arizona, ARCOR and prison officials, claiming that under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. (1989), they were...

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