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MARK A. THOMAS JOHN HAGAR DOUGLAS GILLOTT REYES MEDRANO EDWARD WATKINS ANTHONY SINTAS ANTHONY GIRON MICHAEL CHURCH BUCKLEY BERKEY WILLIAM CHURCHILL and VICTOR BRADEE ON THEIR BEHALF and ON BEHALF OF ALL SIMILARLY SITUATED INDIVIDUALS WHO MAY BE ELECTED TO PARTICIPATE IN THIS ACTION PURSUANT TO 29 U.S.C SECTION 126(d) Plaintiffs-Appellants
vs.
THE WICHITA COCA-COLA BOTTLING COMPANY Defendant-Appellee.
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Issues:
Private right of action.
Case Summary:
Several employees of the Wichita Coca Cola Bottling Company appeal a lower court's ruling in their case against the company. The employees filed suit in order receive overtime pay they contend the company owed them. The company argued the employees, all drivers with a sales division, were exempt from provisions covering overtime pay. The company filed a motion for summary judgment.
Decision of lower jurisdiction:
The U.S. District Court for the District of Colorado granted the company's motion for summary judgment. The court ruled that the concerned employees were covered by regulations established by the Department of Transportation. The employees now appeal.
Outcome:
The employees lose. The U.S. Court of Appeals for the Tenth Circuit affirmed the ruling of the lower jurisdiction.