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POWELL v. STATE OF FLORIDA

No. 96-5119.

132 F.3d 677 (1998)

James E. POWELL, on behalf of himself and all others present and former employees similarly situated, Russell R. Smith, Plaintiffs-Appellants, v. STATE OF FLORIDA, Lawton Chiles, Governor, William Linder, Secretary, Secretary of the Department of Management Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 9, 1998.

Attorney(s) appearing for the Case

Brenda J. Carter, Ft. Lauderdale, FL, Earl L. Denney, Jr., Searcy, Denney, Scarola, Barnhart & Shipley, W. Palm Beach, FL, for Plaintiffs-Appellants.

Robert A. Butterworth, Atty. Gen., Hollywood, FL, Louis F. Hubener, Asst. Atty. Gen., Tallahassee, FL, for Defendants-Appellees.

Before TJOFLAT and BIRCH, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

Plaintiff, James E. Powell, attempting to bring a class action, sued the State of Florida for back wages for overtime work and for injunctive enforcement of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (1994). He alleges that he and his alleged class members were misclassified as "excluded" employees for the purpose of not paying overtime wages for overtime hours that they worked.

The district court properly dismissed the claim...

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