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COCKRELL v. BOARD OF REGENTS

No. 26,338.

45 P.3d 876 (2002)

132 N.M. 156

2002-NMSC-009

Fletcher COCKRELL, Plaintiff-Respondent, v. The BOARD OF REGENTS OF NEW MEXICO STATE UNIVERSITY and Jim Paul, Defendants-Petitioners.

Supreme Court of New Mexico.

March 27, 2002.

Attorney(s) appearing for the Case

Sandenaw, Carrillo & Piazza, P.C., Thomas A. Sandenaw, Jr., Leonard J. Piazza, Las Cruces, NM, for Petitioners.

Holt & Babington, P.C., Matthew P. Holt, Las Cruces, NM, for Respondent.

OPINION

SERNA, Chief Justice.

{1} Plaintiff Fletcher Cockrell filed an action in district court against a political subdivision of the State of New Mexico seeking compensation for overtime wages pursuant to the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201-219 (1994 & Supp. II 1996). This appeal presents the question whether the State of New Mexico has waived its sovereign immunity from FLSA claims in state court. We hold...

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