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SCHMITT v. STATE OF KAN.

Civ. A. Nos. 91-4213-DES, 91-4215-DES.

864 F.Supp. 1051 (1994)

Marshall E. SCHMITT, Terry L. Morgan, and Richard J. Marchewka, on behalf of themselves and other employees similarly situated, Plaintiffs, v. The STATE OF KANSAS, Defendant. Jeffrey L. COLLIER, Robert S. McKinzie, Charles L. Kohler, and Stephen P. O'Rourke, on behalf of themselves and other employees similarly situated, Plaintiffs, v. The STATE OF KANSAS, Defendant.

United States District Court, D. Kansas.

September 15, 1994.

Attorney(s) appearing for the Case

Patricia E. Riley, Weathers & Riley, Brad E. Avery, Topeka, KS, for plaintiffs in Civ. A. No. 91-4213-DES.

Carl A. Gallagher, Office of Atty. Gen., Topeka, KS, C. Steven Rarrick, Linda J. Fund, State of Kan., Dept. of Administration-Legal Section, Topeka, KS, Rogers L. Brazier, Jr., Kansas Dept. of Wildlife & Parks, Topeka, KS, for defendant.

Patricia E. Riley, Weathers & Riley, Topeka, KS, for plaintiffs in Civ. A. No. 91-4215-DES.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

I. INTRODUCTION

This matter is before the court following trial without a jury. Plaintiffs seek compensation for unpaid nonovertime hours. They do not claim common law breach of contract. Instead, they contend that the State violated the Fair Labor Standards Act ("FLSA").

Although the State prevails in the instant case, the court does not believe the State has treated plaintiffs...

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