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NILAND v. DELTA RECYCLING CORP.

No. 03-14553.

377 F.3d 1244 (2004)

Robert NILAND, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. DELTA RECYCLING CORP., a Florida corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Joseph Bilotta, Lake Worth, FL, for Plaintiff-Appellant.

Brett C. Bartlett, Paul Christopher Munger, Jackson, Lewis, Schnitzler & Krupman, Atlanta, GA, for Defendant-Appellee.

Mary J. Rieser, Washington, DC, for Amicus Curiae, U.S.

Before BLACK and MARCUS, Circuit Judges, and SMITH, District Judge.

PER CURIAM:

Robert Niland appeals the district court's grant of summary judgment to Delta Recycling Corp. (Delta) in his case seeking compensation for back overtime wages under the Fair Labor Standards Act (FLSA), as codified at 29 U.S.C. § 216. Niland argues the district court erred in holding that Delta's self-audit and payment of back wages were adequately supervised by the Department of Labor (DOL). Niland also argues the district court erred in holding he...

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