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ABBOTT v. CITY OF VIRGINIA BEACH

No. 88-2958.

879 F.2d 132 (1989)

Tom ABBOTT, individually, as President of the Virginia Beach Policemen's Benevolent Association, and as FLSA Representative of Plaintiffs, et al., Plaintiff-Appellant, v. The CITY OF VIRGINIA BEACH, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 19, 1989.

Attorney(s) appearing for the Case

Michael Tarcissius Leibig (Joseph E. Slater, Zwerdling, Paul, Leibig, Kahn & Thompson, P.C., Kenneth W. Stolle, on brief) for plaintiff-appellant.

Randall Mahlon Blow, Asst. City Atty. (J. Dale Bimson, City Atty., on brief) for defendant-appellee.

Before WILKINS, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and TURK, Chief District Judge for the Western District of Virginia, sitting by designation.

WILKINS, Circuit Judge:

The Virginia Beach Policemen's Benevolent Association, its current and past presidents, the Virginia Beach Police Sergeants Association, its current president, and 126 individual Virginia Beach policemen (collectively, the Policemen) appeal from the grant of partial summary judgment in favor of the City of Virginia Beach on their claims for violation of the Fair Labor Standards Act of 1938 (FLSA), as amended, 29 U.S.C.A. §§ 201, ...

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