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JOHNSON v. HIX WRECKER SERVICE, INC.

No. 09-3023.

651 F.3d 658 (2011)

Bobby J. JOHNSON, Jr., Plaintiff-Appellant, v. HIX WRECKER SERVICE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 2011.

Attorney(s) appearing for the Case

Ronald E. Weldy (argued), Attorney, Weldy & Associates, Indianapolis, IN, for Plaintiff-Appellant.

Russell W. Pool (argued), Attorney, Pool & Associates, Indianapolis, IN, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, WILLIAMS, Circuit Judge, and PALLMEYER, District Judge.

WILLIAMS, Circuit Judge.

Bobby Johnson, Jr. claims that his former employer, Hix Wrecker Service, did not pay him overtime wages in violation of the Fair Labor Standards Act ("FLSA"). The district court granted summary judgment in favor of Hix Wrecker, finding that Johnson was not entitled to overtime pay because he was subject to the motor carrier exemption to the FLSA. However, Hix Wrecker did not meet its burden of proof on the issue of whether the motor carrier...

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