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BERRY v. EXCEL GROUP, INC.

No. 01-40239.

288 F.3d 252 (2002)

Dale Wayne BERRY, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. EXCEL GROUP, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 19, 2002.

Attorney(s) appearing for the Case

John Gerard Werner (argued), Reaud, Morgan & Quinn, Beaumont, TX, for Plaintiff-Appellant.

Thomas Harry Kiggans (argued), Phelps Dunbar, Baton Rouge, LA, for Defendant-Appellee.

Before ALDISERT, DAVIS and PARKER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellant, an electrician who works for various sub-contractors on large constructions jobs, challenges the district court's order declining to include a weekly expense per diem payment as part of his regular wages for purposes of computing overtime compensation. For reasons states below, we agree with the district court that the expenses the per diem was designed to reimburse were incurred...

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