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JARRETT v. ALEXANDER

No. CIV.A. 01-A-1519-N.

235 F.Supp.2d 1208 (2002)

Mark A. JARRETT; Marcus McCollum; Joel Baker; Rondell L. Wood; Carlton Stanley Livingston, Jr.; Samuel D. Baker; Alfred Story; Michael Patrick Hill; Harold E. Rushton; David John Conrad; Roy G. Sumja and John Curtis Clark, Plaintiffs, v. James ALEXANDER, Director of the Department of Public Safety, in both his individual and official capacities; Major Patrick Manning, Chief of the Highway Patrol Division, in both his individual and official capacities; Henry Mabry, Finance Director of the State of Alabama; and Don Siegelman, Governor of the State of Alabama; State of Alabama, Defendants.

United States District Court, M.D. Alabama, Northern Division.

November 25, 2002.

Attorney(s) appearing for the Case

Jimmy L. DeBardelaben, Dorothy F. Norwood, Milton J. Westry, DeBardelaben & Westry PC, Montgomery, AL, Robert C. (Mike) Brock, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Plaintiffs.

Thomas D. Simon, Alabama Department of Public Safety, Montgomery, AL, Charles B. Campbell, Office of the Attorney General, Montgomery, AL, for Defendants.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

This cause is before the court on a Motion to Dismiss (Doc. # 41) filed by the Defendants, and a Motion for Conditional Class Certification and for Permission to Send Notice to Class of Right to Opt-in Pursuant to 29 U.S.C. § 216(b) (Doc. # 32) filed by the Plaintiffs.

The Plaintiffs originally filed their Complaint in this case in December 2001 and...

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