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McCALL v. DISABLED AMERICAN VETERANS

No. 12-3011.

723 F.3d 962 (2013)

Birdell McCALL, on behalf of himself and all other persons similarly situated, Plaintiff-Appellant v. DISABLED AMERICAN VETERANS, Ernestine Schumann-Heink Missouri Chapter 2; Red Racks Thrift Store, LLC; Douglas DePew; James Hayworth, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2013.

Attorney(s) appearing for the Case

Mark Aloysius Kistler , Overland Park, KS, for Plaintiff-Appellant.

Chris R. Pace , Sara B. Anthony , Kansas City, MO, for Defendants-Appellees.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

Birdell McCall drove trucks for the Red Racks Thrift Store ("Red Racks"), which was operated by the Disabled American Veterans (DAV). The trucks that McCall operated had an actual weight of less than 10,000 pounds but a gross vehicle weight rating (GVWR) of greater than 10,000 pounds. McCall, a salaried employee ordinarily ineligible for overtime, filed a wage claim against DAV, seeking overtime pay. McCall alleged that he should be considered...

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