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WASHINGTON v. FRED'S STORES OF TENNESSEE, INC.

No. 3:06CV24-WHB-JCS.

427 F.Supp.2d 725 (2006)

Roosevelt WASHINGTON, Sharon R. Howard, Robin Quick, Betty Burton and Raymond Doss, on Behalf of Themselves and Others Similarly Situated Plaintiffs v. FRED'S STORES OF TENNESSEE, INC. Defendant.

United States District Court, S.D. Mississippi, Jackson Division.

April 17, 2006.

Attorney(s) appearing for the Case

Louis H. Watson, Jr., Louis H. Watson, Jr., PA, Robert Nicholas Norris, Louis H. Watson, Jr., PA, John L. Davidson, Davidson, Bowie & Sims, PLLC, Jackson, MS, for Roosevelt Washington, Sharon R. Howard, Robin Quick, Betty Burton, Raymond Doss, Plaintiffs.

Charles A. Powell—PHV, IV, Baker, Donelson, Bearman, Caldwell & Berkowitz—Birmingham, Birmingham, AL, Clarence Lee Lott, III, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Jackson, MS, Fern H. Singer—PHV, Baker, Donelson, Bearman, Caldwell & Berkowitz—Birmingham, Birmingham, AL, for Fred's Stores of Tennessee, Inc., Defendant.

OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on Defendant's Partial Motion to Dismiss. Having considered the Motion, Response, Rebuttal and all attachments to each, as well as supporting and opposing authority, the Court finds that the Partial Motion to Dismiss is not well taken and should be denied.

I. Factual Background and Procedural History

This case involves a wage and hour dispute brought under...

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