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MITCHELL v. TYSON POULTRY, INC.

No. CA 08-843.

292 S.W.3d 848 (2009)

Bonnie MITCHELL, Administrator Of The Estate Of Gerald Wagner, Appellant, v. TYSON POULTRY, INC., Appellee.

Court of Appeals of Arkansas.

February 11, 2009.

Attorney(s) appearing for the Case

Nolan Caddell & Reynolds, P.A., by Bennett S. Nolan, and Brian G. Brooks, Attorney at Law, PLLC, by: Brian G. Brooks, Greenbrier, for appellant.

Ledbetter, Cogbill, Arnold & Harrison, LLP, by: E. Diane Graham and Farrah L. Fielder, Fort Smith, for appellee.

JOHN MAUZY PITTMAN, Judge.

Appellant's decedent was employed by Tyson as a yard truck driver. His duties included spotting trailers around the yard and to the loading dock, and checking the temperature of the trailers. He was given two thirty-minute breaks each day. The break time was unpaid. He could leave the premises during a break but was required to clock out and back in if he did so. The decedent generally took breaks...

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