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DO v. OCEAN PEACE INC.

Nos. 01-35177, 01-35179.

279 F.3d 688 (2002)

Bora DO, Plaintiff-Appellant, v. OCEAN PEACE INC, in personam; Ocean Peace F/T, official no. 677399, her engine, machinery, appurtenances and cargo, in rem, Defendants-Appellees. Tinh Pham, Plaintiff-Appellant, v. Ocean Peace Inc, in personam; United States Seafoods LP, in personam; Seafreeze Alaska F/T, official no. 517242, her engines, machinery, apurtenances, and cargo, in rem, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2002.

Attorney(s) appearing for the Case

John W. Merriam (argued), Seattle, WA, for plaintiffs-appellants Bora Do and Tinh Pham.

Dennis M. Moran (argued), Legros Buchanan & Paul, Seattle, WA, for defendant-appellee Ocean Peace, Inc.

George H. Luhrs, Seattle, WA, for amicus curiae Joe Harper and the class of similarly situated persons.

Before: O'SCANNLAIN, GRABER, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge.

Bora Do and Tinh Pham seek wages owed them by Ocean Peace, Inc. ("Ocean Peace"), for work performed aboard its fishing trawlers. The district court granted summary judgment in favor of Ocean Peace on Do's and Pham's claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219, because of an exemption for employment relating to the "first processing" of marine products in conjunction with fishing operations. The district...

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