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ARENCIBIA v. MIAMI SHOES, INC.

No. 96-5150.

113 F.3d 1212 (1997)

Marcos ARENCIBIA, a.k.a. Marcus Arencibia, Plaintiff-Appellee, v. MIAMI SHOES, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 2, 1997.

Attorney(s) appearing for the Case

David S. Willig, Miami, FL, for defendant-appellant.

Debra M. Leder, Philip J. Sheehe, Simmons, Hart & Sheehe, Miami, FL, for plaintiff-appellee.

Before COX and BARKETT, Circuit Judges, and SMITH, Senior Circuit Judge.

PER CURIAM:

We must decide whether the Fed.R.Civ.P. 68 offer of judgment in this case, which is silent as to costs and attorney's fees, allows an award of costs and attorney's fees.

I. BACKGROUND

Marcos Arencibia brought this action under § 16(b) of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b), against Miami Shoes, Inc., his former employer, for $1,860.96 in unpaid overtime wages, an equal amount of liquidated damages, costs...

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