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PRENDERGAST v. CITY OF TEMPE

No. 1 CA-CIV 6542.

143 Ariz. 14 (1984)

691 P.2d 726

Richard W. PRENDERGAST, Anthony R. Canning and Steven L. Raether, on behalf of themselves and all others similarly situated and Tempe Lodge # 11; Fraternal Order of Police, Inc., Plaintiffs-Appellees, v. CITY OF TEMPE, a municipal corporation; Kenneth McDonald, in his official capacity as City Manager of Tempe, Arizona, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied December 4, 1984.

Attorney(s) appearing for the Case

McGroder, Pearlstein, Peppler & Tryon, P.C. by Patrick J. McGroder, III, Phoenix, for appellees.

David R. Merkel, Tempe City Atty., Vincent A. Iannone, Asst. City Atty., Tempe, for appellants.

OPINION

GRANT, Presiding Judge.

Plaintiffs-Appellees brought a class action to secure a declaratory judgment that the thirty-minute meal period provided to City of Tempe police officers assigned to traffic or patrol division, from March 14, 1979 to December 31, 1980, constituted work for overtime purposes pursuant to A.R.S. § 23-392(A). The complaint also sought an accounting and an award of damages for overtime pay. The trial court entered judgment for...

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