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DOVE v. CHATTANOOGA AREA REG. TRANSP. AUTH. (CARTA)

No. 81-5636.

701 F.2d 50 (1983)

Vernon W. DOVE and Other Plaintiffs Similarly Situated, Plaintiffs-Appellants, v. CHATTANOOGA AREA REGIONAL TRANSPORTATION AUTHORITY (CARTA), Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1983.

Attorney(s) appearing for the Case

Linda R. Hirshman (argued), Kalman D. Resnick, Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., for plaintiffs-appellants.

George M. Derryberry (argued), Chattanooga, Tenn., for defendant-appellee.

William T. Coleman, Jr., Donald T. Bliss, O'Melveny & Myers, Washington, D.C., for amicus curiae American Public Transit Assoc.

J. Paul McGrath, Asst. Atty. Gen., U.S. Dept. of Justice, Joseph M. Woodward (argued), U.S. Dept. of Labor, Washington, D.C., for intervenor.

Before KEITH and CONTIE, Circuit Judges and VAN PELT, Senior District Judge.

KEITH, Circuit Judge.

Plaintiff-Appellant, Vernon Dove, represents a class of bus drivers who are employed by the Chattanooga Area Regional Transit Authority (CARTA). The class alleges that CARTA's failure to compensate them at the rate of time and a half for all hours over forty per week is a violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. The district court held that the Tenth Amendment barred an action for overtime compensation against...

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