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TOTH v. GREEN RIVER REG. M. HEALTH/MENTAL RET. BD.

Civ. A. No. C-84-0320-0.

753 F.Supp. 216 (1989)

Linda TOTH, et al., Plaintiffs, v. GREEN RIVER REGIONAL MENTAL HEALTH/MENTAL RETARDATION BOARD, INC., Defendant.

United States District Court, W.D. Kentucky, at Owensboro.

September 29, 1989.

Attorney(s) appearing for the Case

Charles R. Isenberg, Thomas J. Schulz, Segal, Isenberg, Sales and Stewart, Louisville, Ky., for plaintiffs.

Jesse T. Mountjoy, Holbrook, Gary, Wible and Sullivan, PSC, and Forest Roberts, Green River Regional Mental Health/Mental Retardation Bd., Inc., Owensboro, Ky., for defendant.

Trisha Zeller James, Cabinet for Human Resources, Office of Counsel, Frankfort, Ky., amicus curiae.

MEMORANDUM

SILER, Chief Judge.

This action is before the Court on defendant's, Green River Regional Mental Health/Mental Retardation Board, Inc.'s (Green River), motion for partial summary judgment. The issue presented to the Court is whether the plaintiffs, who are Alternate Living Unit (ALU) providers, are exempt from the Fair Labor Standards Act pursuant to 29 U.S.C. Section 213(a)(15). For the following reasons, Green River's motion for partial summary...

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