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Teresa Stewart v. Pafford Ambulance, 99-2993 (2000)

Court: Court of Appeals for the Eighth Circuit Number: 99-2993 Visitors: 18
Filed: Jun. 22, 2000
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-2993 _ Teresa Stewart; Michael E. Walton, * Jr.; Dale E. Carrington; Ronnie W. * Bradley; William Scott Pounds; Regina * Denise Aguilar; Robert R. Hudson; * Jeffrey L. Black; Angela Parker; * Loretta V. Reitano; Anthony Boyd, * * Appeal from the United States Appellants, * District Court for the * Western District of Arkansas. v. * * Pafford Ambulance Service, Inc., * [UNPUBLISHED] * Appellee. * _ Submitted: June 2, 2000 Filed: June
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                    United States Court of Appeals
                          FOR THE EIGHTH CIRCUIT
                                  ___________

                                  No. 99-2993
                                  ___________

Teresa Stewart; Michael E. Walton,    *
Jr.; Dale E. Carrington; Ronnie W.    *
Bradley; William Scott Pounds; Regina *
Denise Aguilar; Robert R. Hudson;     *
Jeffrey L. Black; Angela Parker;      *
Loretta V. Reitano; Anthony Boyd,     *
                                      * Appeal from the United States
           Appellants,                * District Court for the
                                      * Western District of Arkansas.
      v.                              *
                                      *
Pafford Ambulance Service, Inc.,      *     [UNPUBLISHED]
                                      *
           Appellee.                  *
                                 ___________

                         Submitted: June 2, 2000
                             Filed: June 22, 2000
                                 ___________

Before LOKEN, FAGG, and HANSEN, Circuit Judges.
                           ___________

PER CURIAM.

       Teresa Stewart and nine other emergency medical technicians appeal from the
district court’s1 adverse grant of partial summary judgment and from the subsequent


      1
        The Honorable Harry F. Barnes, United States District Judge for the Western
District of Arkansas.
judgment--following a bench trial on their remaining claims--in this action brought
under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. Having carefully
reviewed the record and the parties’ briefs, we conclude--for the reasons discussed in
its summary judgment order--that the district court properly granted partial summary
judgment. See Kneibert v. Thomson Newspapers, Mich. Inc., 
129 F.3d 444
, 451 (8th
Cir. 1997) (standard of review for summary judgment is de novo). We also conclude
that the district court did not err in dismissing the remaining claims after a bench trial,
for the reasons expressed in the district court’s memorandum and opinion. See Reich
v. Stewart, 
121 F.3d 400
, 404 (8th Cir. 1997) (ultimate question of whether practice
violates FLSA is question of law to be reviewed de novo; factual questions are
reviewed for clear error). Accordingly, we affirm the judgment of the district court.
See 8th Cir. R. 47B.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                            -2-

Source:  CourtListener

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