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BURLESON v. STATE OF CAL.

Nos. 95-16188, 95-16192 and 95-16550.

83 F.3d 311 (1996)

Gaylin BURLESON, Plaintiff, and Jerry Lee Syrovatka, Sr., Plaintiff-Appellant, v. STATE OF CALIFORNIA; Prison Industry Authority, Defendants-Appellees. Gary JERNIGAN, Plaintiff, and Jerry Lee Syrovatka, Sr., Plaintiff-Appellant, v. STATE OF CALIFORNIA; James H. Gomez; Wayne Estelle, General Manager, Prison Industry Authority; Jan Winter, Asst. General Manager of Operations, Prison Industry Board; Ray Brown, Production Manager II, Prison Industry Authority; Prison Industry Authority; Joella Fazio; David King; William Allen; John Babich; Robert Burton; Leonard Greenstone; William Saracino; Thomas Wornham, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1996.

Attorney(s) appearing for the Case

Jason Rabinowitz, Mark A. Garver, Certified Law Students; Susan D. Christian, Supervising Attorney, University of California Davis School of Law, Davis, California, for plaintiff-appellant.

Larry G. Raskin, Deputy Attorney General, Sacramento, California, for defendants-appellees.

Before: THOMPSON, KLEINFELD and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

Plaintiffs in these consolidated cases* appeal from the order of the district court granting summary judgment to defendants. Plaintiffs are current and former inmates in the California state prison system who claim that they are or were "employees" within the meaning of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201 et seq., and are thus entitled to receive the federal minimum wage for...

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