BERNARD v. IBP, INC. OF NEBRASKA

No. 97-10955.

154 F.3d 259 (1998)

Jim BERNARD; William T. Clymer; Jessee Esparaza; Roger Graves; Ramany Khammanh; Alfredo Marquez; Nouchanh Phonmasak; Eddie Roberts; J.D. Vatole; Donovan Walters Jr; Glenn Webb, Plaintiffs-Appellees, v. IBP, INC. OF NEBRASKA, Defendant-Appellant. Johnny Lee JAMES; Norman Timothy Jones; Anh Tuan Tran; Toby Verwey; Larry Duane Stephens; Johnny Guillen, Plaintiffs-Appellees, v. IBP, INC. OF NEBRASKA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 21, 1998.


Attorney(s) appearing for the Case

Kevin Thomas Glasheen, Christopher Todd Carver, Fadduol & Glasheen, Lubbock, TX, for Plaintiffs-Appellees.

Patrick Bryan Mosley, Robert Chad Pierce, Underwood, Wilson, Berry, Stein & Johnson, Amarillo, TX, for Defendant-Appellant.

Before WISDOM, WIENER and DENNIS, Circuit Judges.


WISDOM, Circuit Judge:

IBP, Inc. of Nebraska, the operator of a beef processing and packaging plant in Amarillo, Texas, appeals from an adverse jury verdict awarding sixteen current and former maintenance workers monetary damages for IBP's violations of the Fair Labor Standards Act (FLSA).1 We find that (1) this suit is not precluded by the collective bargaining agreement (CBA) under which the plaintiffs are employed, (2) the evidence...

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