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RUTLIN v. PRIME SUCCESSION, INC.

No. 99-1042.

220 F.3d 737 (2000)

David RUTLIN, Plaintiff-Appellant, v. PRIME SUCCESSION, INC.; Kerley & Starks Funeral Homes, Inc., jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2000.

Rehearing and Rehearing Denied September 11, 2000.

Attorney(s) appearing for the Case

John T. Burhans (argued and briefed), Law Office of John T. Burhans, St. Joseph, MI, for Appellant.

Stephen B. Mead (argued and briefed), Ross & Hardies, Chicago, IL, Neil P. Jansen, Mika, Meyers, Beckett & Jones, Grand Rapids, MI, for Appellees.

Roger Wilkinson (argued and briefed), Paul Frieden (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, D.C., for Amicus Curiae.

Before: NORRIS, MOORE, and COLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 11, 2000.*

COLE, J., delivered the opinion of the court, in which NORRIS, J., joined. MOORE, J. (pp. 744-52), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

David Rutlin, a licensed funeral director and embalmer, filed this action against his former employer under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq., claiming...

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