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DE ASENCIO v. TYSON FOODS, INC.

No. 02-3719.

342 F.3d 301 (2003)

Melania Felix DE ASENCIO; Manuel A. Gutierrez; Asela Ruiz; Eusebia Ruiz; Luis A. Vigo; Luz Cordova; Hector Pantajos, on Behalf of Themselves and All Other Similarly Situated Individuals v. TYSON FOODS, INC., Appellant.

United States Court of Appeals, Third Circuit.

Filed September 8, 2003.

Attorney(s) appearing for the Case

Michael J. Mueller, (Argued), Akin, Gump, Strauss, Hauer & Feld, Washington, DC, for Appellant.

Frederick P. Santarelli, (Argued), Thomas J. Elliott, Eric L. Young, Elliott, Reihner, Siedzikowski & Egan, Blue Bell, PA, for Appellees.

Before: SCIRICA, Chief Judge, AMBRO and GARTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

In a labor dispute over unpaid wages, plaintiffs gained certification of an opt-in class under the Fair Labor Standards Act and then sought certification of a Fed. R.Civ.P. 23(b)(3) opt-out class under the Pennsylvania Wage Payment & Collection Law. The District Court granted the Rule 23 certification. At issue is whether the District Court should have exercised supplemental...

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