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KLITZKE v. STEINER CORP.

No. 95-36084.

110 F.3d 1465 (1997)

Marvin KLITZKE, Plaintiff-Appellant, v. STEINER CORPORATION, dba American Linen, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1997.

Attorney(s) appearing for the Case

David C. Force, Eugene, Oregon, for plaintiff-appellant.

Regina Hauser, Schwabe, Williamson & Wyatt, Portland, Oregon, for defendant-appellee.

Before: FLETCHER and TASHIMA, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

In this appeal, we decide whether the Fair Labor Standards Act's ("FLSA") exemption from overtime wage regulation, see 29 U.S.C. § 213(b)(1), which applies to drivers whose qualifications and work hours are subject to regulation by the Secretary of Transportation, see 49 U.S.C. § 3102, applies to a motor private carrier whose primary business is not transportation and whose route is entirely intrastate but...

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