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PAULY v. EAGLE POINT SOFTWARE CO., INC.

Civil No. C96-1053 MJM.

958 F.Supp. 437 (1997)

Glenn PAULY, Richard Libansky, and Jennifer Romagna, individually and as representatives of a class consisting of former or present hourly sales employees of Eagle Point Software Co., Inc., Plaintiffs, v. EAGLE POINT SOFTWARE CO., INC., Defendant.

United States District Court, N.D. Iowa, Eastern Division.

April 8, 1997.

Attorney(s) appearing for the Case

Joseph J. Bitter, Dubuque, IA, for Plaintiffs.

Mark L. Zaiger, Shuttleworth & Ingersoll, P.C., Cedar Rapids, IA, Denis D. Faber, Jr., Denis D. Faber, Jr., P.C., Dubuque, IA, for Defendant.

Memorandum Opinion and Order on Plaintiffs' Motion to Remand

MELLOY, Chief Judge.

I. Introduction

In Johnson v. Butler Bros., 162 F.2d 87 (1947), the Eighth Circuit held that Congress intended to preclude the removal of cases arising under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. from state into federal court. In this FLSA case, the defendant, Eagle Point, removed...

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