REICH v. STATE OF WYO.

Nos. 91-8069, 91-8070.

993 F.2d 739 (1993)

Robert REICH, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant/Cross-Appellee, v. STATE OF WYOMING, Wyoming Game and Fish Commission as Director and Supervisor of Wyoming Game and Fish Department, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

May 11, 1993.


Attorney(s) appearing for the Case

Marshall J. Breger (Monica Gallagher, William J. Stone and Paul L. Frieden with him on the brief), of U.S. Dept. of Labor, Washington, DC, for plaintiff-appellant.

Bruce A. Salzburg (Joseph B. Meyer and Ron Arnold with him on the brief), of Herschler, Freudenthal, Salzburg, Bonds & Rideout, of Cheyenne, WY, and as Sp. Asst. Atty. Gen., for defendants-appellees.

Before LOGAN, SEYMOUR, and BROWN, Circuit Judges.


SEYMOUR, Circuit Judge.

Robert Reich, Secretary of Labor, brought this suit under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 207 and 215(a)(2) (1988), against the State of Wyoming Game and Fish Commission alleging that the state game wardens were not properly paid overtime for hours worked in excess of forty hours per week. The district court found that the Wyoming game wardens are exempt from the Fair Labor Standards Act under the professional exemption...

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