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THOMAS v. SPEEDWAY SUPERAMERICA, LLC

No. 06-3768.

506 F.3d 496 (2007)

Mabel Kay THOMAS, Plaintiff-Appellant, v. SPEEDWAY SUPERAMERICA, LLC, Agent of RB Williams, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 30, 2007.

Attorney(s) appearing for the Case

ARGUED: Tod J. Thompson, Freking & Betz, Cincinnati, Ohio, for Appellant. David A. Owen, Greenebaum, Doll & McDonald, Lexington, Kentucky, for Appellee. ON BRIEF: Tod J. Thompson, Randolph H. Freking, Freking & Betz, Cincinnati, Ohio, for Appellant. David A. Owen, Anne A. Chestnut, Greenebaum, Doll & McDonald, Lexington, Kentucky, Craig P. Siegenthaler, Greenebaum, Doll & McDonald, Louisville, Kentucky, for Appellee.

Before: BATCHELDER and MOORE, Circuit Judges; MILLS, District Judge.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Plaintiff Mabel Kay Thomas ("Thomas") appeals the district court's grant of summary judgment in favor of Speedway SuperAmerica LLC ("Speedway"), which denied her claims for unpaid overtime wages under both federal and state law. The district court held that Thomas was a bona fide executive employee under 29 U.S.C. § 213(a)(1) and thus not entitled to overtime wages...

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