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HICKS v. O'MEARA

No. 93-3736.

31 F.3d 744 (1994)

Gary HICKS and Teresa Hicks, Appellants, v. Thomas O'MEARA; Carolyn A. O'Meara; and Murray J. Tobin, d/b/a Big Sky Motel, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 10, 1994.

Attorney(s) appearing for the Case

James D. Leach, Rapid City, SD, argued, for appellants.

Nora K. Kelley, Rapid City, SD, argued, for appellees.

Before RICHARD S. ARNOLD, Chief Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

RICHARD S. ARNOLD, Chief Judge.

The plaintiffs, Gary and Teresa Hicks, seek statutory minimum and overtime wages arising out of their work for the defendants, Thomas and Carolyn O'Meara. The District Court granted summary judgment for the O'Mearas on the ground that res judicata barred the Hickses' claim. We disagree and now reverse.

I.

On April 5, 1991, Teresa Hicks signed a one-year employment contract for herself and her husband to manage Big...

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