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SMITH v. AZTEC WELL SERVICING CO.

Nos. 04-2153, 04-2168.

462 F.3d 1274 (2006)

William E. SMITH, III; Dennis L. Alcon; Eric Alcon; Paul Alcon; Sigfredo Alcon; Tony Alcon; Darrell Frederick; Chester Tiley; Carlos Montano, Plaintiffs-Appellants/Cross-Appellees, v. AZTEC WELL SERVICING COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

September 12, 2006.

Attorney(s) appearing for the Case

E. Justin Pennington, Law Offices of E. Justin Pennington, Albuquerque, NM, (Lisa K. Vigil, Vigil Law Firm, Albuquerque, NM, and Shannon L. Donahue, Shannon L. Donahue, P.C., with him on the briefs), for Plaintiffs-Appellants/Cross-Appellees.

Robin A. Goble (Alice Tomlinson Lorenz with her on the briefs), of Miller Stratvert P.A., Albuquerque, NM, for Defendant-Appellee/Cross-Appellant.

Before LUCERO, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.

McCONNELL, Circuit Judge.

Aztec Well Servicing Company ("Aztec") is a natural gas and oil well drilling company located in Aztec, New Mexico. The plaintiffs are present or former Aztec employees who worked on drilling rigs in the San Juan basin. They brought suit under the Fair Labor Standards Act ("FLSA"), claiming that their employer should be required to pay them for the time they spend traveling from Aztec to the drill sites — some of them in remote locations...

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