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CARLSON v. CITY OF MINNEAPOLIS

No. 89-5412MN.

925 F.2d 264 (1991)

Virgil CARLSON, Frank Kurth, Harold Hagen, Walter Shermer, Gary Piekarczyk, Appellees, v. CITY OF MINNEAPOLIS, Minnesota, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1991.

Attorney(s) appearing for the Case

Jerome R. Jallo, Minneapolis, Minn., for appellant.

Thomas A. Woodley, Washington, D.C., for appellees.

Before JOHN R. GIBSON and FAGG, Circuit Judges, and BRIGHT, Senior Circuit Judge.

PER CURIAM.

Five investigators for the Minneapolis Fire Department's arson squad brought a declaratory judgment action against the City of Minneapolis, Minnesota (the city), seeking back pay for unpaid overtime under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219 (1988). The five investigators claimed they engage in law enforcement activities rather than fire protection activities within the meaning of 29 U.S.C. § 207(k). The city appeals...

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