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DANNESKJOLD v. HAUSRATH

No. 95, Docket 95-2062.

82 F.3d 37 (1996)

Ragnar E. DANNESKJOLD, Plaintiff-Appellant, v. Robert HAUSRATH, Individually and in his Capacity as Higher Education Opportunity Programs Director and Coordinator of programs of the HEOP Consortium of the Niagara Frontier College; Thomas A. Coughlin III, Individually and in his Capacity as Commissioner of the State of New York Department of Correctional Services; Marion L. Borum, Individually and in his Capacity as the Deputy Commissioner of Program Services for the State of New York Department of Correctional Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 19, 1996.

Attorney(s) appearing for the Case

James C. Gocker, Rochester, New York, for Plaintiff-Appellant.

Daniel Smirlock, Assistant Attorney General, Albany, New York (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Attorney General, Wayne L. Benjamin, Assistant Attorney General, of counsel), for Defendants-Appellees Coughlin and Borum.

Dennis E. Ward, Williamsville, New York (Brenon & DiVita, Daniel J. Ward, of counsel), for Defendant-Appellee Hausrath.

Before: WINTER, JACOBS, and LEVAL, Circuit Judges.

WINTER, Circuit Judge:

Ragnar E. Danneskjold, an inmate at Attica state prison, appeals from Judge Larimer's grant of summary judgment for appellees, the Commissioner and the Deputy Commissioner of the New York State Department of Correctional Services and the Director of the Consortium of Niagara Frontier. Judge Larimer held that appellant's claim for unpaid minimum wages under the Fair Labor Standards Act ("FLSA" or "the Act"), 29 U.S.C. §§ 201-219, failed...

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