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BURNSIDE v. KIEWIT PACIFIC CORP.

No. 04-57134.

491 F.3d 1053 (2007)

Robert BURNSIDE; Francisco Gomez; Ray Arnett, Individually, on behalf of themselves and all others similarly situated; Charles Lingenfelter; Ron Crues; Charles R. Williams, Individually, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. KIEWIT PACIFIC CORPORATION, a Delaware Corporation; Does, 1 through 100 inclusive. Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted June 20, 2007.

Filed June 20, 2007.

Attorney(s) appearing for the Case

George F. Schaefer, Law Offices of George F. Schaefer, San Diego, CA, for the plaintiffs-appellants.

Thomas R. Kaufman, Seyfarth Shaw LLP, Los Angeles, CA, for the defendant-appellee.

Before: HARRY PREGERSON, W. FLETCHER, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge:

The named plaintiffs in this case (whom we will call "Burnside," for the first named plaintiff) represent approximately 270 former and current employees of defendant Kiewit Pacific Corporation ("Kiewit"). Burnside alleges that Kiewit never compensated the employees for time they spent traveling from designated meeting sites to their jobsites and from those jobsites back to the designated meeting sites. Kiewit, Burnside further alleges, required...

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