STEINBACH v. HUBBARD

No. 92-36961.

51 F.3d 843 (1995)

Justin STEINBACH; Gary Yurina; Robert Wattez; Elizabeth Blasdell; Scott Farlow; David Williams; Leslie Bannerman; Cheryl Bowman; Randy Vanderheiden; Janet Evans; Debbie Talley; Daylon Sweeney, Plaintiffs-Appellants, v. Steven HUBBARD, and the marital community of Steven and Sheila Hubbard d/b/a Hubbard Ambulance Services; Sheila Hubbard, d/b/a Hubbard Ambulance Services; Hubbard Ambulance Services, a Washington corporation, Defendants, and Care Ambulance Service, a Washington corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1995.


Attorney(s) appearing for the Case

Steven B. Frank, Martin Garfinkel, Frank & Rosen, Seattle, WA, for plaintiffs-appellants.

Thomas W. Sondag, Lane, Powell, Spears, Lubersky, Seattle, WA, for defendant-appellee.


POOLE, Circuit Judge:

We are faced with a question of first impression: does successorship liability exist under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq.? We conclude that it does, but not on the facts of this case.

I

Appellants are a group of twelve former employees of Hubbard Ambulance Services, Inc., run by defendants Steven and Sheila Hubbard. Hubbard provided non-emergency ambulance services. It also allegedly...

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