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HALE v. STATE OF ARIZ.

Nos. 88-15785, 89-15162.

993 F.2d 1387 (1993)

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 (DOC); Samuel Lewis, director of the DOC; Marilyn 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, 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 (DOC); Samuel Lewis, director of the DOC; Marilyn 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.

Decided May 4, 1993.

Attorney(s) appearing for the Case

Michael E. St. George, St. George and Reed, Tempe, AZ, for plaintiffs-appellants.

Anthony B. Ching, Sol. Gen., State of Ariz., Phoenix, AZ, for defendants-appellees.

Before: BROWNING, SCHROEDER, FLETCHER, ALARCON, POOLE, NORRIS, BRUNETTI, NOONAN, LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

Argued En Banc and Submitted November 12, 1992.

RYMER, Circuit Judge:

Felton Hale, John Leroy Fuller and other inmates in Arizona correctional facilities who have worked for state prison industries programs seek to be paid the federal minimum wage on the ground that they are "employees" of the prison under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201, et seq. They filed complaints against the State of Arizona, ARCOR Enterprises (ARCOR) and...

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