ESCOBEDO v. ACE GATHERING, INC.

No. 23-20494.

109 F.4th 831 (2024)

Elizabeth ESCOBEDO, Plaintiff-Appellee, v. ACE GATHERING, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED July 31, 2024.


Attorney(s) appearing for the Case

Colby Levi Qualls (argued), Matthew Ryan McCarley, Katherine Isabel Serrano, Forester Haynie, P.L.L.C., Dallas, TX, for Plaintiff-Appellee.

Peter Justin Stuhldreher, Esq. (argued), Paul Michael Knettel, Mark Douglas Temple, Esq., Baker st Hostetler, L.L.P., Houston, TX, for Defendant-Appellant.

Before Higginson, Willett, and Oldham, Circuit Judges.


In this certified interlocutory appeal concerning unpaid overtime wages, we must decide whether tanker-truck drivers who transport crude oil solely within the State of Texas are transporting property in "interstate or foreign commerce" under the Motor Carrier Act of 1980. Because most of the crude oil being transported...

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