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CHAO v. RIVENDELL WOODS, INC.

No. 04-2330.

415 F.3d 342 (2005)

Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. RIVENDELL WOODS, INCORPORATED, d/b/a Rivendell Woods Family Care, d/b/a/ Rivendell Woods; Landraw-I, LLC; Andrea Wells James, individually; Rodney James, individually, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 19, 2005.

Attorney(s) appearing for the Case

ARGUED: Carol Beth Feinberg, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Appellant. Kevin Patrick Kopp, Jacqueline Denise Grant, Roberts & Stevens, P.A., Asheville, North Carolina, for Appellees. ON BRIEF: Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, Counsel for Appellate Litigation, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Appellant. Jackson D. Hamilton, Roberts & Stevens, P.A., Asheville, North Carolina, for Appellees.

Before MOTZ and KING, Circuit Judges, and SILER, Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Senior Judge SILER joined.

DIANA GRIBBON MOTZ, Circuit Judge.

The Secretary of Labor appeals the district court's order dismissing her action against various defendants for violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (2000) ("FLSA" or the "Act"). For the reasons that follow, we reverse the judgment of the district court and...

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