BALDRIDGE v. SBC COMMUNICATIONS, INC.

No. 04-10819 Summary Calendar.

404 F.3d 930 (2005)

Lindsey BALDRIDGE; Iris Elaine Mosley; Cindy Opaitz; Linda Saunders; Susan Mimms; Leroy Duran; Frank Briseno; James Bulls; Royce Glenn; Michael Watkins; Steven Madrid; Linda San Pedro, Plaintiffs-Appellees, v. SBC COMMUNICATIONS, INC., A Delaware Corporation; Cingular Wireless LLC, A Delaware Limited Liability Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 28, 2005.


Attorney(s) appearing for the Case

Philip R. Russ, Law Offices of Philip R. Russ, Amarillo, TX, James Linn Jarrell, James Jarrell Law Office, Lubbock, TX, for Plaintiffs-Appellees.

Lisa A. Schreter, Brett C. Bartlett, Jackson Lewis, Atlanta, GA, David Paul Backus, Underwood, Wilson, Berry, Stein & Johnson, Lubbock, TX, for Defendants-Appellants.

Before DAVIS, SMITH and DENNIS, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The defendants seek an interlocutory appeal of a class certification order under 29 U.S.C. § 216(b), which is part of the Fair Labor Standards Act ("FLSA"). We dismiss for want of appellate jurisdiction. The collateral order exception to the final judgment rule is inapplicable, because the question of § 216(b) class certification has not yet been conclusively determined and is still subject to revision by the district court...

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