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TROUTT v. STAVOLA BROS., INC.

No. 95-2736.

107 F.3d 1104 (1997)

Kenneth TROUTT, Plaintiff-Appellee, v. STAVOLA BROTHERS, INCORPORATED, d/b/a Stavola Brothers Racing, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1997.

Attorney(s) appearing for the Case

ARGUED: Paul Bradford Taylor, Van Hoy, Reutlinger & Taylor, Charlotte, NC, for Defendant-Appellant. J. Lynn Bishop, Charlotte, NC, for Plaintiff-Appellee. ON BRIEF: Philip M. Van Hoy, Van Hoy, Reutlinger & Taylor, Charlotte, NC, for Defendant-Appellant.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge MURNAGHAN and Judge NIEMEYER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

A race car body fabricator sued his employer for overtime pay under the Fair Labor Standards Act (FLSA). The employer asserted that the employee was exempt from the overtime provisions of FLSA because he was a "loader" of a private motor carrier whose loading activities affected the safety of...

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