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ARMITAGE v. CITY OF EMPORIA, KAN.

No. 92-3032.

982 F.2d 430 (1992)

Lyle G. ARMITAGE, Jr., et al., Plaintiffs-Appellees, v. CITY OF EMPORIA, KANSAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 25, 1993.

Attorney(s) appearing for the Case

Stanley E. Craven, Spencer Fane Britt & Browne, Kansas City, MO (Dale W. Bell, Helbert, Bell & Smith, Emporia, KS, with him on the brief) for defendant-appellant.

W. Irving Shaw, Emporia, KS, for plaintiffs-appellees.

Before BALDOCK and KELLY, Circuit Judges and BRATTON, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Defendant-appellant City of Emporia, Kansas appeals the district court's award of backpay to city police detectives for lunch periods and time spent on call. On appeal, defendant argues that the district court erred by: (1) determining that lunch periods constitute compensable working time; (2) determining that time spent "on call" constitutes compensable working time; and (3) improperly calculating the amount of backpay owed to plaintiffs...

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