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TREAT v. TOM KELLEY BUICK PONTIAC GMC, INC.

No. 10-3166.

646 F.3d 487 (2011)

Jill L. TREAT and Cody W. Treat, Plaintiffs-Appellants, v. TOM KELLEY BUICK PONTIAC GMC, INC., d/b/a Kelley Superstore, and Kelley Automotive Group, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 2011.

Attorney(s) appearing for the Case

Ronald E. Weldy (argued), Attorney, Weldy & Associates, Indianapolis, IN, Jack R. Rochyby (argued), Attorney, Rochyby Law Office, Fort Wayne, IN, for Plaintiffs-Appellants.

Bonnie L. Martin (argued), Brandon M. Shelton , Attorneys, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Indianapolis, IN, for Defendants-Appellees.

Before TINDER and HAMILTON, Circuit Judges, and MURPHY, District Judge.

HAMILTON, Circuit Judge.

Jill and Cody Treat sued their employer, Tom Kelley Buick Pontiac GMC, Inc., and its parent dealership group for failure to pay them their correct wages under Indiana state law. The question presented by this appeal is whether the Treats properly brought their claims under the state's Wage Payment Statute, Ind.Code § 22-2-5-1 et seq., or whether their claims against Kelley arose under...

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