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GARCIA v. ALLSUP'S CONVENIENCE STORES, INC.

No. CIV. 00-1571 BB/DJS.

167 F.Supp.2d 1308 (2001)

Michael M. GARCIA, Plaintiff, v. ALLSUP'S CONVENIENCE STORES, INC., a New Mexico corporation, Defendant.

United States District Court, D. New Mexico.

September 28, 2001.

Attorney(s) appearing for the Case

LeeAnn Ortiz, Albuquerque, NM, for Plaintiff.

Marcia E. Lubar, Albuquerque, NM, for Defendant.

OPINION

BLACK, District Judge.

THIS MATTER comes before the Court on the parties' cross-motions for summary judgment on the issue of whether the wage plan under which an employer paid its former employee violates the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and on the employer's motion for summary judgment on the damages the employee may recover should he prevail on the liability issue. See Plaintiff...

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