WHALEN v. STATE OF ARIZ.

No. CIV-95-1960-PHX-ROS.

962 F.Supp. 1218 (1997)

Willard A. WHALEN, Jr., and other similarly situated employees, Plaintiffs, v. STATE OF ARIZONA, a sovereign entity, Defendants.

United States District Court, D. Arizona.

May 1, 1997.


Attorney(s) appearing for the Case

Michael Napier, Napier & Jones, P.C., Phoenix, AZ, for plaintiffs.

Jay A. Zweig, Gallagher & Kennedy, Phoenix, AZ, for defendants.


ORDER

SILVER, District Judge.

Defendant, the State of Arizona, and its agencies, the Arizona State Coliseum and the Arizona Department of Public Safety, have filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Fed.R.Civ.P. 12(b).1

FACTUAL BACKGROUND

This action is brought by Plaintiffs under the federal Fair Labor Standards Act,...

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