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KLINEDINST v. SWIFT INVESTMENTS, INC.

Nos. 00-13092, 99-08913.

260 F.3d 1251 (2001)

Tracy KLINEDINST, Plaintiff-Appellant, v. SWIFT INVESTMENTS, INC., a Florida corporation d.b.a. Fantastic Finishes of Palm Beach, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

DECIDED August 6, 2001.

Attorney(s) appearing for the Case

Jennifer S. Carroll, Law Offices of Jennifer S. Carroll, P.A., West Palm Beach, FL, for Plaintiff-Appellant.

Joseph L. Thillman, West Pam Beach, FL, for Defendant-Appellee.

Before: TJOFLAT and WILSON, Circuit Judges, and RESTANI, Judge.

WILSON, Circuit Judge:

Tracy Klinedinst appeals from the district court's grant of summary judgment in favor of his former employer, Swift Investments. Klinedinst sued Swift for failure to pay overtime in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201, et seq. The district court held that Klinedinst's position falls within an exemption to the Act for "commission" workers. Because the...

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