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McKINLEY v. TOWN OF FREDONIA

No. 1 CA-CIV 6522.

144 Ariz. 35 (1984)

695 P.2d 284

B. Michael McKINLEY, Plaintiff-Appellant, v. TOWN OF FREDONIA, a municipal corporation; Robert Harris; Darol Heaton; Anthony A. Judd; Dixie Lee Judd and Don Mackelprang, individually and as Mayor and Councilmen of the Town of Fredonia, Defendants-Appellees.

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

December 24, 1984.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Richard McC. Shannon, Brian C. Bond, Larry L. Smith, Phoenix, for plaintiff-appellant.

Jennings, Strouss & Salmon by Diane K. Geimer, Stephen E. Crofton, David J. Estes, Phoenix, for defendants-appellees.

OPINION

KLEINSCHMIDT, Judge.

B. Michael McKinley, former marshal of the Town of Fredonia, Arizona, brought this action against the town to recover compensation for overtime he alleged he had worked during his employment. At the close of all the evidence, the trial court directed a verdict in favor of the town. On appeal we must determine whether the trial court erred in holding that McKinley was limited to taking compensatory leave and had forfeited any compensatory...

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