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FOXWORTHY v. HILAND DAIRY CO.

No. 92-6139.

997 F.2d 670 (1993)

Bruce FOXWORTHY, Plaintiff-Appellant, v. HILAND DAIRY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 3, 1993.

Attorney(s) appearing for the Case

Guy Clark of Northcutt, Clark, Gardner, Hron & Powell, Ponca City, OK, for plaintiff-appellant.

Donald W. Jones and Rebecca A. McCoy of Hulston, Jones, Gammon & Marsh, Springfield, MO, and Thomas D. Robertson and Angelyn L. Dale of Nichols, Wolfe, Stamper, Nally & Fallis, Inc., Tulsa, OK, for defendant-appellee.

Before MOORE and BRORBY, Circuit Judges, and VAN BEBBER, District Judge.

VAN BEBBER, District Judge.

Plaintiff-appellant Bruce Foxworthy appeals the district court judgment in favor of his former employer, Hiland Dairy Company (Hiland), finding Foxworthy exempt from the overtime provisions of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 207, based on application of the Motor Carrier Act exemption, 29 U.S.C. § 213(b)(1). Because Foxworthy was engaged in interstate commerce, as defined in the Motor Carrier Act, we affirm...

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