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CLAY v. CITY OF WINONA, MISS.

Civ. A. No. WC 89-114-D-O.

753 F.Supp. 624 (1990)

Booker T. CLAY, Thomas R. Hathcock, Tommy Gene Blaylock, Rickey Smith, Carl Ricks, Herbert Blaylock, David J. Seals, Joe Hudson and Robert Davidson, Plaintiffs, v. The CITY OF WINONA, MISSISSIPPI, Defendant.

United States District Court, N.D. Mississippi, W.D.

December 14, 1990.

Attorney(s) appearing for the Case

William Liston, Alan D. Lancaster, Winona, Miss., Elizabeth L. Gillcrist, Jackson, Miss., for plaintiffs.

Luther P. Crull, Jr., George W. Weaver, Crull & Weaver, Winona, Miss., Walker W. Jones, III, C. Frances Corley, Phelps, Dunbar, Marks, Claverie & Sims, Jackson, Miss., for defendant.

MEMORANDUM OPINION

DAVIDSON, District Judge.

Plaintiffs brought this action under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201, et seq. The case is before the court on defendant's motion for partial summary judgment on the issue of liability for overtime compensation and liquidated damages.1 The basis for defendant's motion is its contention that on-call or stand-by shifts are not compensable.

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