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HERMAN v. TYSON FOODS, INC.

No. 9:99 CV 132.

82 F.Supp.2d 631 (2000)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor Plaintiff v. TYSON FOODS, INC., Defendant

United States District Court, E.D. Texas, Beaumont Division.

January 20, 2000.

Attorney(s) appearing for the Case

Robert A Goldberg, U S Department of Labor, Dallas, TX, for Plaintiff.

John V Jansonius, Akin Gump, Dallas, TX, for Defendant.

MEMORANDUM ORDER

COBB, District Judge.

Before this court is Defendant's Motion to Dismiss pursuant to Rule 12(b)(6). For the reasons stated in this order, the court DENIES the Defendant's motion.

Defendant Tyson is a poultry company some of whose employees are engaged in "live haul work" which includes the catching of chickens for transportation, processing, and shipment in interstate commerce. The Secretary of Labor filed a complaint in the Eastern...

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