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TYLER v. UNION OIL CO. OF CALIFORNIA

Nos. 00-51112, 01-50479.

304 F.3d 379 (2002)

Donald Ray TYLER; Donald R. Powers; M. Leon Earles; Thomas L. Hough; David Burkett, Plaintiffs-Appellees-Cross-Appellants, Jessie G. Price, Plaintiff-Appellant, v. UNION OIL COMPANY OF CALIFORNIA, doing business as Unocal, Defendant-Appellant-Cross-Appellee-Appellee. Donald Ray Tyler; Donald R. Powers; Jessie G. Price; M. Leon Earles; Thomas L. Hough; David L. Burkett, Plaintiffs-Appellees-Cross-Appellants, v. Union Oil Company of California, doing business as Unocal, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 2, 2002.

Attorney(s) appearing for the Case

Charles Louis Tighe (argued), Susan Rafferty Richardson, Cotton, Bledsoe, Tighe & Dawson, Midland, TX, for Donald Ray Tyler, Donald R. Powers, M. Leon Earles, Thomas L. Hough and David Burkett.

Vianei Lopez Robinson (argued), Carolyn Foster, Robinson Law Firm, Abilene, TX, John Allen (Jad) Davis, Jr., Turner, Davis & Gerald, Midland, TX, Veronica H. Roa, Union Oil Co. of California, Law Dept., Sugar Land, TX, for Union Oil Co. of California.

Before KING, Chief Judge, and GARWOOD and HIGGINBOTHAM, Circuit Judges.

GARWOOD, Circuit Judge:

These appeals and cross-appeals bring before us a variety of issues in this suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq.

The plaintiffs, former employees of Union Oil Company of California (Unocal), filed this suit against Unocal on March 19, 1998, alleging violations of the ADEA and the FLSA. A jury trial was...

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