Moreau v. Klevenhagen

WIENER, Circuit Judge:

A deputy sheriffs’ union appeals the district court’s grant of summary judgment in favor of Harris County, Texas on all three of the union’s claims under the Fair Labor Standards Act (FLSA). We affirm the grant of summary judgment on two of those claims. But finding that the union was misled by the district court’s bifurcation of the case and was thereby prevented from presenting adequate summary judgment proof on the third claim, we reverse and remand to the district court for further proceedings with respect to that claim.

I

FACTS

On April 15, 1988, Eugene T. Merritt, Jr.…