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BRIDEWELL v. CINCINNATI REDS

No. 97-3268.

155 F.3d 828 (1998)

Robert R. BRIDEWELL; Stanley McAlpin; Daisy S. Pearl; Melville F. Walker; Eddie C. Rogers, Plaintiffs-Appellees, v. The CINCINNATI REDS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 25, 1998.

Attorney(s) appearing for the Case

Peter M. Fox (argued and briefed), Kircher, Robinson, Newman & Welch, Cincinnati, OH, for Plaintiffs-Appellees.

Robert C. Martin (briefed), Martin, Bailey & McDonald, Cincinnati, OH; Randolph H. Freking (argued and briefed), Peter A. Burr (briefed), Freking & Betz, Cincinnati, OH, for Defendant-Appellant.

Before: KEITH, BATCHELDER, and COLE, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which KEITH, J., joined. COLE, J. (p. 832), delivered a separate concurring opinion.

OPINION

BATCHELDER, Circuit Judge.

In this appeal, the Cincinnati Reds baseball franchise challenges the district court's decision that the Reds does not qualify as a seasonal entertainment establishment under the Fair Labor Standards Act ("FLSA"), and is not, therefore, exempt from the FLSA pursuant to §...

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