Lead Plaintiff Fights To Revive Kellogg FLSA Action

Law360, New York (July 27, 2009, 4:49 PM EDT) -- The lead plaintiff in a putative collective action against cereal giant Kellogg Co. seeking payment for time spent donning and doffing work gear has lodged a notice of appeal, in an effort to overturn an order dismissing the case.

Lead plaintiff Alice Franklin filed the notice of appeal in the U.S. District Court for the Western District of Tennessee on Friday, just four days after Judge Jon Phipps McCalla granted summary judgment in favor of Kellogg.

The suit, filed in May 2008, claims Kellogg regularly has...
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