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RODRIGUEZ v. FARM STORES GROCERY, INC.

Nos. 06-13186, 06-13303.

514 F.3d 1207 (2008)

Lorenda RODRIGUEZ, Vilma Thomas, et al., Plaintiffs-Appellees, v. FARM STORES GROCERY, INC., Defendant-Third-Party-Plaintiff-Defendant-Third-Party-Plaintiff-Counter-Defendant-Appellant, v. Oasis Outsourcing, Inc., Third-Party-Defendant-Counter-Claimant.

United States Court of Appeals, Eleventh Circuit.

January 28, 2008.

Attorney(s) appearing for the Case

Susan Nadler Eisenberg, Jennifer M. Taylor, Akerman, Senterfitt & Eidson, P.A., Miami, FL, Susan Potter Norton, Rodolfo Gomez, Allen, Norton & Blue, PA, Coral Gables, FL, Joseph W. Hatchett, Akerman, Senterfitt & Eidson, P.A., Tallahassee, FL, for Farm Stores Grocery, Inc.

Neil Rose, Bernstein, Chackman & Liss, Hollywood, FL, for Plaintiffs-Appellees.

Before EDMONDSON, Chief Judge, and CARNES and FAY, Circuit Judges.

CARNES, Circuit Judge:

This appeal in a Fair Labor Standards Act, 29 U.S.C. §§ 201-19, case involves a number of issues arising under that statute. It also presents us with an interesting issue that is not FLSA-specific. Without objection from either party, the district court gave the jury an erroneous instruction on how to calculate damages. The jury compounded the error by returning a verdict for a larger amount of damages than the erroneous instruction...

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