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YORK v. CITY OF WICHITA FALLS, TEX.

No. 90-1817.

944 F.2d 236 (1991)

Robert R. YORK, et al., Plaintiffs-Appellees Cross-Appellants, v. CITY OF WICHITA FALLS, TEXAS, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 11, 1991.

Attorney(s) appearing for the Case

Gregory D. Humbach, City Atty., Wichita Falls, Tex., Bettye S. Springer, Mark H. Hoppe, Haynes & Boone, Ft. Worth, Tex., for defendant-appellant cross-appellee.

Gregory K. McGillivary, Thomas A. Woodley, Mulholland & Hickey, Washington, D.C., for plaintiffs-appellees cross-appellants.

Before CLARK, Chief Judge, GOLDBERG, and GARWOOD, Circuit Judges.

CLARK, Chief Judge:

I.

The City of Wichita Falls (City) appeals the district court's grant of summary judgment in favor of the plaintiffs on their claim that the City violated § 8 of the 1985 amendments to the Fair Labor Standards Act (FLSA). 29 U.S.C. § 215 (Supp.1989) (Historical and Statutory Notes). The plaintiffs cross-appeal the district court's determination of damages. Summary judgment was improper. The judgment appealed from is vacated...

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