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SULLIVAN v. ORACLE CORP.

No. 06-56649.

662 F.3d 1265 (2011)

Donald SULLIVAN; Deanna Evich; Richard Burkow, Plaintiffs-Appellants, v. ORACLE CORPORATION, a Delaware corporation; Oracle University, form unknown, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn February 17, 2009.

Resubmitted December 6, 2011.

Filed December 13, 2011.

Attorney(s) appearing for the Case

Charles Scott Russell , Robert Thompson , Callahan McCune & Willis, Tustin, CA, for the appellants.

Stephen L. Berry , Paul W. Cane, Jr. , Paul, Hastings, Janofsky & Walker, Costa Mesa, CA, for the appellees.

Before: WILLIAM A. FLETCHER and RONALD M. GOULD, Circuit Judges, and LOUIS H. POLLAK, United States District Judge.

OPINION

W. FLETCHER, Circuit Judge.

Oracle Corporation ("Oracle"), a large software company, has employed hundreds of workers to train Oracle customers in the use of its software. During the period relevant to this suit, Oracle classified these workers as teachers who were not entitled to compensation for overtime work under either federal or California law. Three nonresidents of California brought a would-be class action against Oracle seeking damages under...

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