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ACEVEDO v. ALLSUP'S CONVENIENCE STORES, INC.

No. 09-10417.

600 F.3d 516 (2010)

Christina Mullen ACEVEDO; Mark Acireno; Teresa Agnew; Fernando Aguero; Cecilia G. Albert; et al., Plaintiffs-Appellants, v. ALLSUP'S CONVENIENCE STORES, INC., a New Mexico Corporation; Lonnie D. Allsup, an individual; Barbara J. Allsup, an individual, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 2010.

Attorney(s) appearing for the Case

Philip R. Russ, Trial Atty. (argued), Felipe Zavala, Law Offices of Philip R. Russ, Amarillo, TX, for Plaintiffs-Appellants.

Michael W. Fox (argued), Robert Chance, Ogletree Deakins, Austin, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and BENAVIDES and PRADO, Circuit Judges.

PER CURIAM:

In 2007, Appellants Christina Acevedo and approximately 800 current or former employees of Allsup's Convenience Stories, Inc. ("Allsup's") opted into a representative action against their employer, seeking payment of unpaid wages and overtime under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-19 (2006). After the district court decertified the representative action and dismissed Appellants' claims, they filed the present action, seeking...

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