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BOTHELL v. PHASE METRICS, INC.

No. 01-15474.

299 F.3d 1120 (2002)

Rex L. BOTHELL, Plaintiff-Appellant, v. PHASE METRICS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2002.

Attorney(s) appearing for the Case

Michael M. Herrick, Herrick Law Offices, San Francisco, CA, for the plaintiff-appellant.

Melinda S. Reichert, Stephen M. Kociol, and M. Emily Osborne, Brobeck, Phleger & Harrison, Palo Alto, CA, for the defendant-appellee.

Before: HUG and BERZON, Circuit Judges, and LASNIK, District Judge.

OPINION

LASNIK, District Judge.

Rex Bothell seeks overtime compensation for hours worked in excess of forty per week and other damages under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and California state law. Appellee Phase Metrics, Inc., argues that Bothell is an exempt "administrative" employee under both federal and state law and is therefore not entitled to overtime payments.

Just before trial, the district court...

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