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JOHNSEN v. ALLSUP'S CONVENIENCE STORES

No. 18206.

963 P.2d 533 (1998)

125 N.M. 456

1998-NMCA-097

Robert JOHNSEN, Plaintiff-Appellant, v. ALLSUP'S CONVENIENCE STORES, INC., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied July 1, 1998.

Attorney(s) appearing for the Case

Michael Calvin Jordan, LeeAnn Ortiz, Albuquerque, for Plaintiff-Appellant.

Carman Lavender, William A. L'Esperance, Albuquerque, for Defendant-Appellee.

OPINION

APODACA, Judge.

{1} Plaintiff Robert Johnsen (Employee) appeals the trial court's judgment entered against him after a bench trial. Employee sued for unpaid overtime wages against Defendant Allsup's Convenience Stores (Employer) pursuant to the Fair Labor Standards Act of 1938 (the Act), 29 U.S.C. Sections 201 to 219 (1997). Employee raises six issues on appeal: (1) the law of the case doctrine does not apply and the special order items were...

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