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WESTBERRY v. INTERSTATE DISTRIBUTOR CO.

No. 40687-0-II.

263 P.3d 1251 (2011)

Larry WESTBERRY and a class of similarly situated individuals, Appellant, v. INTERSTATE DISTRIBUTOR CO., Respondent.

Court of Appeals of Washington, Division 2.

October 4, 2011.

Attorney(s) appearing for the Case

David Frank Stobaugh , Stephen Kolden Strong , Stephen Kirk Festor , Bendich Stobaugh & Strong PC, Seattle, WA, Catherine Wright Smith , Smith Goodfriend PS, Seattle, WA, for Appellant.

Dave Luxenberg , McGavick Graves PS, Tacoma, WA, for Respondent.

Philip Albert Talmadge , Talmadge/Fitzpatrick, Tukwila, WA, amicus counsel for Washington Trucking Associations.

QUINN-BRINTNALL, J.

¶ 1 Larry Westberry, the representative of a proposed, as yet uncertified, class of similarly situated individuals, appeals the trial court's summary judgment in favor of his former employer, Interstate Distributor Co. (Interstate). Interstate employed Westberry as a line-haul truck driver from 2003 to 2007, and paid him according to a compensation system approved by the Department of Labor and Industries (L & I) as reasonably equivalent...

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