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PROBERT v. FAMILY CENTERED SERVICES OF ALASKA

No. 09-35703.

651 F.3d 1007 (2011)

Robert PROBERT; Loretta Probert, Plaintiffs-Appellees, Gene Grissom; Sandra Grissom; Donna Grimes; Kenneth McDaniels; John Grimes; Leona McDaniels; Eric Cloninger; Debra Cloninger, Plaintiff-Intervenors-Appellees, v. FAMILY CENTERED SERVICES OF ALASKA, INC.; John W. Regitano; Kathy Cannoe; Susan Dale; Lonnie Hovde; Deborah L. Coxon, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2011.

Attorney(s) appearing for the Case

Kenneth L. Covell (argued), Law Offices of Kenneth L. Covell, Fairbanks, AK, for plaintiffs-appellees Loretta and Robert Probert and plaintiffs-intervenors Debra and Eric Cloninger, Donna and John Grimes, Gene and Sandra Grissom, and Kenneth and Leona McDaniels.

Richard D. Monkman (argued), Sonosky, Chambers, Sachse, Miller & Munson, LLP, Juneau, AK, for defendants-appellants Family Centered Services of Alaska, John W. Regitano, Kathy Cannoe, Susan Dale, Lonnie Hovde, and Deborah L. Coxon.

Before: MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN and RICHARD R. CLIFTON, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Defendants Family Centered Services of Alaska ("FCSA") and its officers filed this interlocutory appeal challenging the district court's conclusion that FCSA's Therapeutic Family Homes ("Homes") are covered by the Fair Labor Standards Act ("FLSA") and are subject to its overtime provisions. We conclude that the Homes are not covered by that statute because they are not an "institution primarily engaged

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