GENTRY v. HAMILTON RYKER IT SOLUTIONS (2024)

United States Court of Appeals, Fifth Circuit.

Terry GENTRY, on behalf of himself and all others similarly situated, Plaintiff—Appellee, v. HAMILTON-RYKER IT SOLUTIONS, L.L.C., Defendant—Appellant.

No. 22-40219

Decided: January 26, 2024

Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Melinda Arbuckle, Ricardo Jose Prieto, Wage & Hour Firm, L.L.P., Dallas, TX, Richard J. Burch, Houston, TX, for Plaintiff—Appellee. Ashlee Cassman Grant, Esq., Paul Michael Knettel, Baker & Hostetler, L.L.P., Houston, TX, for Defendant—Appellant. Erin Mohan, U.S. Department of Labor, Office of the Solicitor, Fair Labor Standards Division, Washington, DC, for Amicus Curiae Julie A. Su, Acting Secretary, U.S. Department of Labor.

Treating the petition for rehearing en banc as a petition for panel rehearing (5Th CIR. R. 35 I.O.P.), the petition is GRANTED and Gentry v. Hamilton-Ryker IT Solutions, L.L.C., 2023 WL 4704115 (5th Cir. July 24, 2023) is WITHDRAWN.

Per Curiam:

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