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KEELEY v. LOOMIS FARGO & CO.

No. 98-6428.

183 F.3d 257 (1999)

John KEELEY; Timmie Orange; Ariel Kilpatrick; Charles Werdann, on behalf of themselves and all others similarly situated, Appellants v. LOOMIS FARGO & CO.

United States Court of Appeals, Third Circuit.

Filed July 19, 1999.

Attorney(s) appearing for the Case

Paul Schachter (Argued), Mary P. Gallagher, Reinhardt & Schachter, P.C., Newark, NJ, for Appellants.

David M. Vaughan (Argued), Elarbee, Thompson & Trapnell, LLP, Atlanta, GA, Patricia L. Hardaway, Gay & Hardaway, Newark, NJ, for Appellee.

Donald M. Palombi, Office of Attorney General of New Jersey, Department of Law & Public Safety, Trenton, NJ, for Amicus Curiae, Attorney General of New Jersey.

Before: BECKER, Chief Judge, RENDELL and ROSENN Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal in a diversity case arises from an overtime pay dispute between a private employer and a number of its employees. Its resolution turns primarily upon a determination whether the New Jersey Commissioner of Labor exceeded his authority when he promulgated a regulation that excluded certain trucking industry employees, including the plaintiffs here, from New Jersey's statutory overtime pay requirement. The...

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