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BRINKMAN v. DEPT. OF CORR. OF STATE OF KAN.

No. 93-3019.

21 F.3d 370 (1994)

Albert L. BRINKMAN, Pamela N. Brinkman, Luther Blanton, Jr., Earl A. Colver, III, David R. Edmonds, Larry L. Girard, Arthur T. Green, Lawrence Henderson, Thomas E. Hunt, Jr., Robert P. Kult, Steven A. Martin, Jon O. McClendon, Ruth I. Miller, Stefanie Penrod, Vincent Reed, Patrick Simpson, Margaret A. Swope, Billie Joe Buchanan, William A. Gambrel, Barbara J. Kesinger, Herbert Dean Wolf, Plaintiffs-Appellees, v. DEPARTMENT OF CORRECTIONS OF the STATE OF KANSAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 11, 1994.

Attorney(s) appearing for the Case

Charles E. Simmons, Chief Legal Counsel, Dept. of Corrections, Topeka, KS, for defendant-appellant.

Brad E. Avery, Topeka, KS, for plaintiffs-appellees.

Before LOGAN and MOORE, Circuit Judges, and KANE, Senior District Judge.

LOGAN, Circuit Judge.

Defendant Kansas Department of Corrections appeals from a judgment under the Fair Labor Standards Act (FLSA) requiring it to pay actual and liquidated damages for unpaid overtime compensation. See 29 U.S.C. §§ 207(a), 216(b). Defendant argues that as an agency of the state it is immune from suit pursuant to the Tenth and Eleventh Amendments. It also argues that the district court erred in denying defendant's motion in limine...

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