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ACOSTA v. TYSON FOODS, INC.

No. 14-1582.

800 F.3d 468 (2015)

Manuel ACOSTA, on Behalf of Himself and All Other Similarly Situated Individuals; Luis Montoya, On Behalf Of Himself And All Other Similarly Situated Individuals; Martin Hinojosa, On Behalf Of Himself And All Other Similarly Situated Individuals, Plaintiffs-Appellees, v. TYSON FOODS, INC., doing business as Tyson Fresh Meats, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2015.

Rehearing and Rehearing En Banc Denied October 1, 2015.

Attorney(s) appearing for the Case

Robert L. Wiggins, Jr. , argued, Birmingham, AL, ( Jay Madison Smith , Sioux City, IA., Brian P. McCafferty , Blue Bell, PA, Candis A. McGowan , Daniel Arciniegas , Birmingham, AL., Roger K. Doolittle , Jackson, MS, Michael Hamilton , Nashville, TN, on the brief), for Plaintiffs-Appellees.

Michael J. Mueller , argued, Washington, DC, ( Thomas Edwin Johnson , Allison Balus , Omaha, NE, Thomas Walsh , Saint Louis, MO., Evangeline C. Paschal , Washington, DC, Emily Burkhardt Vicente , Los Angeles, CA, on the brief), for Defendant-Appellant.

Before COLLOTON, BEAM, and KELLY, Circuit Judges.

Manuel Acosta, Luis Montoya, and Martin Hinojosa sued Tyson Foods, Inc. on behalf of a class of employees at Tyson's pork processing plant in Madison, Nebraska. They claim that Tyson failed to pay certain wages due, in violation of the Nebraska Wage Payment and Collection Act, Neb.Rev.Stat. § 48-1228 et seq.,

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