Legal Opinion

Do v. Ocean Peace Inc.

Court of Appeals for the Ninth Circuit

Decided January 29, 2002No. Nos. 01-35177, 01-35179PublishedCited by 6 opinions

1Opinion of the Court

McKEOWN, Circuit Judge.

Bora Do and Tinh Pham seek wages owed them by Ocean Peace, Inc. (“Ocean Peace”), for work performed aboard its fishing trawlers. The district court granted summary judgment in favor of Ocean Peace on Do’s and Pham’s claims under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219, because of an exemption for employment relating to the “first processing” of marine products in conjunction with fishing operations. The district court also granted summary judgment to Ocean Peace on Do’s and Pham’s remaining wage claims because of their failure to file suit within the…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  4. Icicle Seafoods, Inc. v. WorthingtonSupreme Court of the United States · 1986
  5. Baldwin v. Trailer Inns, Inc.Court of Appeals for the Ninth Circuit · 2001

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3Cited by6 opinions

  1. Alvarez v. IBP, Inc.Court of Appeals for the Ninth Circuit · 2003
  2. Lessie Anderson v. Cagle's, Inc.Court of Appeals for the Eleventh Circuit · 2007
  3. Doyle v. Huntress, Inc.Court of Appeals for the First Circuit · 2008
  4. Gabriel Alvarez, Individually and as Class Representative Ranulfo Gutierrez, Individually and as Class Representative Pedro Hernandez, Individually and as Class Representative Maria Martinez Ramon Moreno Ismael Rodriquez v. Ibp, Inc., a Delaware Corporation, Gabriel Alvarez, Individually and as Class Representative Ranulfo Gutierrez, Individually and as Class Representative Pedro Hernandez, Individually and as Class Representative Maria Martinez Ramon Moreno Ismael Rodriquez v. Ibp, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2003
  5. Bora Do v. Ocean Peace Inc, in Personam Ocean Peace F/t, Official No. 677399, Her Engine, MacHinery Appurtenances and Cargo, in Rem, Tinh Pham v. Ocean Peace Inc, in Personam United States Seafoods Lp, in Personam Seafreeze Alaska F/t, Official No. 517242, Her Engines, MacHinery Apurtenances, and Cargo, in RemCourt of Appeals for the Ninth Circuit · 2002

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