Court of Appeals for the Ninth Circuit October 25, 2007, No. 05-56446 (Marlo v. United Parcel Service, Inc.)

MEMORANDUM **

Michael Mario appeals the district court’s grant of summary judgment in favor of United Parcel Service (“UPS”) on his claim that UPS misclassified its Full-Time Supervisors (“FTS”) as nonexempt employees. Summary judgment is appropriate where, viewing the evidence in the light most favorable to the nonmoving party, there is no genuine issue of material fact. Fed.R.Civ.P.