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KILLION v. KeHE DISTRIBUTORS, LLC

Nos. 13-3357, 13-4340.

761 F.3d 574 (2014)

Thomas E. KILLION et al., Plaintiffs-Appellants, v. KeHE DISTRIBUTORS, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2014.

Rehearing En Banc Denied September 11, 2014.

Attorney(s) appearing for the Case

ARGUED: Robert A. Bunda , Bunda, Stutz & Dewitt, PLL, Perrysburg, Ohio, for Appellants. Cardelle B. Spangler , Winston & Strawn LLP, Chicago, Illinois, for Appellee. ON BRIEF: Robert A. Bunda , Barbara E. Machin , Bunda, Stutz & Dewitt, PLL, Perrysburg, Ohio, Kerry L. Morgan , Randall A. Pentiuk , Pentiuk, Couvreur & Kobiljak, P.C., Wyandotte, Michigan, for Appellants. Cardelle B. Spangler , Winston & Strawn LLP, Chicago, Illinois, for Appellee.

Before: SILER, GILMAN, and GIBBONS, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

The plaintiffs in this case are numerous "sales representatives" who are or were employed by KeHE Distributors, LLC, a food distributor based in Naperville, Illinois. KeHE's management assigns each representative several stores of large chain retailers. At their assigned stores, the representatives are responsible for stocking shelves as well as reordering merchandise whenever a store is low on any of KeHE's products...

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