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SMITH v. UNITED PARCEL SERVICE, INC.

Civ. A. No. 2:95-0145.

902 F.Supp. 719 (1995)

Steven D. SMITH, et al., Plaintiffs, v. UNITED PARCEL SERVICE, INC., Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

October 16, 1995.

Attorney(s) appearing for the Case

William L. Jacobs, Parkersburg, WV, for plaintiff.

Daniel L. Stickler, Jackson & Kelly, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiffs' motion to amend their complaint. For the reasons set forth below, the Court DENIES Plaintiffs' motion.

I. FACTUAL DEVELOPMENT

On January 26, 1995 Plaintiffs filed a one-count complaint against Defendant in the Circuit Court of Kanawha County, West Virginia. Plaintiffs alleged entitlement to overtime pay pursuant to both the Fair Labor Standards Act...

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