Jeffrey H. Clark, Kelley B. Ramsey v. A & B Automotive & Towing Service, Inc., an Oregon Corporation

87 F.3d 1318 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jeffrey H. CLARK, Kelley B. Ramsey, Plaintiffs-Appellees, v. A & B AUTOMOTIVE & TOWING SERVICE, INC., an Oregon corporation, Defendant-Appellant. No. 95-35116. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1996. Decided June 07, 1996. Before: GOODWIN, SKOPIL, and SCHROEDER, Circuit Judges. 1 MEMORANDUM * BACKGROUND 2 Jeffrey H. Clark and Kelly B. Ramsey were both Tow Truck drivers for A & B Automotive and Towing Services, Inc. ("A & B"). They brought this action against A & B under the Fair Labor Standards Act and its Oregon counterpart. See 29 U.S.C. §§ 201-209 and ORS §§ 653.010 and 653.610. 3 The district court conducted a bench trial. Plaintiffs were not able to prove precisely their starting dates or the hours they worked during any given week, but testified as to approximate dates and hours. Defendant A & B's primary contention was…