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LEDERMAN v. FRONTIER FIRE PROTECTION, INC.

No. 10-1534.

685 F.3d 1151 (2012)

Gary LEDERMAN, Plaintiff-Appellee, v. FRONTIER FIRE PROTECTION, INC., a Colorado corporation, and Estate of Karl Smith, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 11, 2012.

Attorney(s) appearing for the Case

Michael P. Zwiebel ( Jeffrey A. Springer with him on the briefs) Springer and Steinberg, P.C., Denver, CO, for Appellant.

David Lichtenstein , Attorney at Law, Denver, CO, for Appellee.

Before BRISCOE, Chief Circuit Judge, TYMKOVICH, Circuit Judge, and EAGAN, District Judge.

TYMKOVICH, Circuit Judge.

Gary Lederman sued his former employer, Frontier Fire Protection, Inc., to recover overtime pay he alleged was owed to him under the Fair Labor Standards Act (FLSA). A jury found Frontier liable and awarded Lederman $17,440.86 in damages. Frontier challenges the jury instructions issued by the district court.

Because we find the district court should not have instructed the jury that Frontier bore a heightened burden of proof in establishing...

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