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HERR v. HEIMAN

Nos. 94-3411, 94-3421.

75 F.3d 1509 (1996)

Samuel E. HERR, an individual, Plaintiff-Counter-Defendant-Appellee and Counter-Appellant, v. James L. HEIMAN, an individual, Defendant, and McCormick Grain — the Heiman Company, Inc., a Kansas corporation, Defendant-Counter-Claimant-Appellant and Counter-Appellee.

United States Court of Appeals, Tenth Circuit.

February 9, 1996.

Attorney(s) appearing for the Case

Robert D. Overman of Martin, Churchill, Overman, Hill & Cole, Chartered, Wichita, Kansas, for Plaintiff-Appellee and Counter-Appellant.

H. Douglas Pfalzgraf (Edward L. Keeley of Rupe & Girard Law Offices, P.A., Wichita, Kansas, with him on the briefs) of Pfalzgraf Law Offices, Wellington, Kansas, for Defendants-Appellants and Counter-Appellees.

Before MOORE, BRORBY and KELLY, Circuit Judges.

BRORBY, Circuit Judge.

Samuel E. Herr brought suit against McCormick Grain — The Heiman Company, Inc. (hereinafter "McCormick") and James L. Heiman for violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., the Kansas Wage Payment Act, K.S.A. 44-313 et seq., and sought cancelation of three promissory notes upon which McCormick later counterclaimed...

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