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IN RE FEDEX GROUND PACKAGE SYSTEM, INC.

Civil No. 3:05-CV-530 RM (KS). Cause No. 3:05-MD-527 RM. MDL No. 1700.

734 F.Supp.2d 557 (2010)

In re FEDEX GROUND PACKAGE SYSTEM, INC., Employment Practices Litigation. This Document Relates To: All Actions

United States District Court, N.D. Indiana, South Bend Division.

August 11, 2010.

Attorney(s) appearing for the Case

George A. Barton , Law Offices of George A. Barton PC, Kansas City, MO, Peter J. Agostino , Anderson Agostino & Keller PC, South Bend, IN, for Plaintiffs.

David M. Cialkowski , Zimmerman Reed PLLP, Minneapolis, MN, Evelyn L. Becker , O'Melveny & Myers LLP, Washington, DC, Michael J. Puma , Morgan Lewis & Bockius LLP, Philadelphia, PA, Randall J. Forbes , Frieden Unrein Forbes & Biggs LLP, Topeka, KS, for Defendant.

OPINION and ORDER

ROBERT L. MILLER, JR., District Judge.

This matter is before the court on the parties' cross-motions for summary judgment concerning whether FedEx drivers1 are employees or independent contractors under the Kansas Wage Payment Act, KAN. STAT. ANN. § 44-313 et seq. Numerous summary judgment motions pend in both the certified and non-certified class-actions. This opinion sets forth facts commonly...

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