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DESMOND v. PNGI CHARLES TOWN GAMING, L.L.C.

Nos. 09-2189, 09-2190, 09-2192, 09-2254.

630 F.3d 351 (2011)

John DESMOND, Plaintiff-Appellant, v. PNGI CHARLES TOWN GAMING, L.L.C., d/b/a Charles Town Races & Slots, Defendant-Appellee. Dana Witherspoon, Plaintiff-Appellant, v. PNGI Charles Town Gaming, L.L.C., d/b/a Charles Town Races & Slots, Defendant-Appellee. M. Larry Sanders, Plaintiff-Appellant, v. PNGI Charles Town Gaming, L.L.C., d/b/a Charles Town Races & Slots, Defendant-Appellee. John Desmond, Plaintiff-Appellee, v. PNGI Charles Town Gaming, L.L.C., d/b/a Charles Town Races & Slots, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 14, 2011.

Attorney(s) appearing for the Case

ARGUED: Paul B. Weiss , Martin & Seibert, LC, Martinsburg, West Virginia, for John Desmond, Dana Witherspoon, and M. Larry Sanders. Brian Michael Peterson , Bowles, Rice, McDavid, Graff & Love, PLLC, Martinsburg, West Virginia, for PNGI Charles Town Gaming, L.L.C., d/b/a Charles Town Races & Slots. ON BRIEF: Charles F. Printz, Jr. , Bowles, Rice, McDavid, Graff & Love, PLLC, Martinsburg, West Virginia, for PNGI Charles Town Gaming, L.L.C., d/b/a Charles Town Races & Slots.

Affirmed in part, vacated in part, and remanded by published opinion. Judge DEVER wrote the opinion, in which Chief Judge TRAXLER and Judge SHEDD joined.

OPINION

DEVER, District Judge:

John Desmond, Dana Witherspoon, and M. Larry Sanders (collectively "appellants" or "former employees") appeal from an award of unpaid overtime compensation in their case under the Fair Labor Standards Act ("FLSA") against their former employer, PNGI Charles Town Gaming, L.L.C., d/b/a Charles Town Races & Slots ("Charles Town Gaming" or "employer"). The former employees dispute how the district court computed unpaid overtime...

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