O'CONNOR v. OAKHURST DAIRY

No. 16-1901.

851 F.3d 69 (2017)

Kevin O'CONNOR; Christopher O'Connor; James Adam Cox; Michael Fraser; Robert McNally, Plaintiffs, Appellants, v. OAKHURST DAIRY; Dairy Farmers of America, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 13, 2017.


Attorney(s) appearing for the Case

David G. Webbert, with whom Jeffrey Neil Young, Carol J. Garvan, and Johnson, Webbert, and Young, LLP, Augusta, ME, were on brief, for appellants.

David L. Schenberg, St. Louis, MO, with whom Patrick F. Hulla and Ogletree, Deakins, Nash, Smoak and Stewart, P.C., Kansas City, MO, were on brief, for appellees.

Before Lynch, Lipez, and Barron, Circuit Judges.


For want of a comma, we have this case. It arises from a dispute between a Maine dairy company and its delivery drivers, and it concerns the scope of an exemption from Maine's overtime law. 26 M.R.S.A. § 664(3). Specifically, if that exemption used a serial comma to mark off the last of the activities that it lists, then...

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