LOCAL 313, I.A. OF F. v. CITY OF MORGANTOWN

No. 16125.

323 S.E.2d 604 (1984)

LOCAL 313, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS v. The CITY OF MORGANTOWN, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion October 24, 1984.

Dissenting and Concurring Opinion November 19, 1984.


Attorney(s) appearing for the Case

Franklin D. Cleckley, Morgantown, Gregory T. Hinton, Fairmont, for appellants.

Mike Magro, Jr., Morgantown, for appellee.


MILLER, Justice:

This appeal involves a construction of our wage and hour law, W.Va.Code, 21-5C-3, as it relates to a claim for overtime pay by certain firemen of the City of Morgantown.1 The firemen appeal contending that the circuit court erred in not granting them any award. We find that error was committed and, therefore, reverse the judgment of the circuit court.

Many of the basic facts are not in dispute. The City adopted...

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