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DOVE v. CHATTANOOGA AREA REGIONAL TRANSP. AUTHORITY

No. CIV-1-80-249.

539 F.Supp. 36 (1981)

Vernon W. DOVE, and other plaintiffs similarly situated v. CHATTANOOGA AREA REGIONAL TRANSPORTATION AUTHORITY.

United States District Court, E. D. Tennessee, S. D.

July 21, 1981.

Attorney(s) appearing for the Case

S. Del Fuston, Chattanooga, Tenn., for plaintiffs.

George M. Derryberry, Chattanooga, Tenn., for defendant CARTA.

John B. Phillips, Jr., Stophel, Caldwell & Heggie, Chattanooga, Tenn., and William T. Coleman, Jr., Robert S. Draper, and Donald T. Bliss, O'Melveny & Myers, Washington, D. C., for American Public Transit Ass'n, amicus curiae.

MEMORANDUM

FRANK W. WILSON, Chief Judge.

This is an action for declaratory relief, back pay and damages brought pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (the "Act"). At issue in this litigation is whether the operation of the Chattanooga Regional Area Transit Authority ("CARTA"), a metropolitan transit system created, owned and operated by the City of Chattanooga, Tennessee, is an "integral governmental function...

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