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MORGAN v. FAMILY DOLLAR STORES, INC.

No. 07-12398.

551 F.3d 1233 (2008)

Janice MORGAN, Barbara Richardson, on behalf of themselves and all others similarly situated, et al., Plaintiffs-Appellees, v. FAMILY DOLLAR STORES, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Amended December 22, 2008.

Attorney(s) appearing for the Case

Scott Burnett Smith, Bradley, Arant, Rose & White, Huntsville, AL, James Walker May, T. Matthew Miller, Bradley, Arant, Rose & White, LLP, Birmingham, AL, Philip Lane Ross, Littler Mendelson, San Francisco, CA, Robert A. Long, Jr., Covington & Burling, Washington, DC, for Defendant-Appellant.

Robert L. Wiggins, Jr., Gregory O. Wiggins, Herman N. Johnson, Jr., Kevin Wade Jent, Wiggins, Childs, Quinn & Pantazis, P.C., Peter Mark Petro, Jospeh Allen Schreiber, Schreiber & Petro, P.C., Birmingham, AL, for Plaintiffs-Appellees.

James M. Finberg, Peder J. Thoreen, Altshuler Berzon, LLP, San Francisco, CA, for Amici Curiae.

Before DUBINA, HULL and FAY, Circuit Judges.

HULL, Circuit Judge:

The Court sua sponte issues this corrected opinion.

An opt-in class of 1,424 store managers, in a collective action certified by the district court, sued Family Dollar Stores, Inc. ("Family Dollar") for unpaid overtime wages under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219. During an eight-day trial, the Plaintiffs used Family Dollar's payroll records to establish that 1,424 store managers routinely

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