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SINGER v. CITY OF WACO, TEX.

Nos. 01-51185, 01-51258.

324 F.3d 813 (2003)

Joseph SINGER, Individually and on Behalf of Others Similarly Situated; Charles Lindorfer, Individually and on Behalf of Others Similarly Situated; Rosalio Amaro; Carl B. Ammann; James A. Baker; et al., Plaintiffs-Counter Defendants-Appellants-Cross-Appellees, v. CITY OF WACO, TEXAS; et al., Defendants, City of Waco, Texas, Defendant-Counter Claimant-Appellee-Cross-Appellant. Joseph Singer, Individually and on Behalf of Others Similarly Situated; Charles Lindorfer, Individually and on Behalf of Others Similarly Situated; Rosalio Amaro; Carl B. Ammann; James A. Baker; et al., Plaintiffs-Counter Defendants-Appellees, v. City of Waco, Texas; et al., Defendants, City of Waco, Texas, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 27, 2003.

Attorney(s) appearing for the Case

R. John Cullar (argued), Mills, Millar & Cullar, Waco, TX, for Singer, Lindorfer, Amarro, Amman and Baker.

Lu Pham (argued), Bettye S. Springer (argued), Karger, Key, Barnes & Springer, Karen S. Precella, Haynes & Boone, Fort Worth, TX, Arthur Lee Pertile, III, Waco, TX, for City of Waco, TX.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and DAVIS, District Judge.

EMILIO M. GARZA, Circuit Judge:

Plaintiffs, former and current employees of the Waco Fire Department ("the fire fighters"), brought suit against the City of Waco ("the City"), claiming that the City's method of calculating their overtime pay violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., as well as state law, see TEX. LOC. GOV'T CODE ANN. § 142.0015. The fire fighters prevailed...

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