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MARTIN v. PEPSIAMERICAS, INC.

No. 09-60896.

628 F.3d 738 (2010)

Karen MARTIN, Plaintiff-Appellant, v. PEPSIAMERICAS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 28, 2010.

Attorney(s) appearing for the Case

Robert Nicholas Norris (argued), Louis Hanner Watson, Jr., Law Offices of Louis H. Watson, Jr., Jackson, MS, Grant Montcrief Fox, Fox Law Group, Brandon, MS, for Martin.

Benjamin Hayden Banta (argued), Kullman Firm, New Orleans, LA, Michael Shawn Hudson, Kullman Firm, Columbus, MS, for Defendant-Appellee.

Before GARZA and BENAVIDES, Circuit Judges, and CRONE, District Judge.

EMILIO M. GARZA, Circuit Judge:

Karen Martin sued her former employer, PepsiAmericas, Inc. ("Pepsi"), to recover unpaid overtime wages allegedly due under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. The district court granted Pepsi's motion to dismiss for lack of subject matter jurisdiction after finding that Martin's maximum potential recovery was less than the value of her severance package from Pepsi, which the district court determined...

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