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HERMAN v. HÉCTOR I. NIEVES TRANSPORT, INC.

No. 00-1594.

244 F.3d 32 (2001)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, Appellee, v. HÉCTOR I. NIEVES TRANSPORT, INC., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 26, 2001.

Attorney(s) appearing for the Case

Michael J. Rovell, with whom Jewel N. Klein, Law Offices of Michael J. Rovell Chtd and Charles A. Cuprill-Hernández Law Offices, were on brief, for appellants.

Anne Payne Fugett, Attorney, with whom Henry L. Solano, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Patricia M. Rodenhausen, Regional Solicitor New York, and Paul L. Frieden, Counsel for Appellate Litigation, were on brief, for appellee.

Before TORRUELLA, Chief Judge, STAHL and LIPEZ, Circuit Judges.

TORRUELLA, Chief Judge.

This appeal addresses a question of first impression: specifically, whether the "motor carrier exemption" to the overtime provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 213(b)(1), includes a trucking company whose routes are entirely within the boundaries of Puerto Rico.1 The district court concluded that the trucking company, Héctor I. Nieves Transportation, Inc. ("Nieves"), was not...

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