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ARMIJO v. WAL-MART STORES, INC.

No. 26,122.

168 P.3d 129 (2007)

2007-NMCA-120

Gilbert ARMIJO and Maria Casaus, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. WAL-MART STORES, INC., a Delaware corporation, Sam's Club, an operating segment of Wal-Mart Stores, Inc., Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied September 7, 2007.

Attorney(s) appearing for the Case

Youtz & Valdez, P.C., Shane Youtz, Albuquerque, NM, Bader & Associates, LLC, Gerald L. Bader, Jr., Renée B. Taylor, Denver, CO, Franklin D. Azar & Associates, P.C., Franklin D. Azar, Rodney Bridgers, Denver, CO, for Appellees.

Peifer, Hanson & Mullins, P.A., Charles R. Peifer, Cerianne L. Mullins, Albuquerque, NM, for Appellants.

Certiorari Denied, No. 30,586, September 7, 2007.

OPINION

PICKARD, Judge.

{1} Defendants, Wal-Mart Stores, Inc. and Sam's Club, bring this interlocutory appeal of an order certifying a class of former and current hourly employees of Defendants' stores throughout New Mexico who claimed they worked off the clock without compensation or missed rest breaks. On appeal, Defendants contend that the district court applied the wrong legal standard...

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