CLEARY v. ADM MILLING CO.

No. 92 C 1190.

827 F.Supp. 472 (1993)

Oddie CLEARY, Lewis C. Brooks, Claude Howard, John Williams, Leonid Brenman, and Louis A. Osterling, Plaintiffs, v. ADM MILLING CO., Defendant.

United States District Court, N.D. Illinois, E.D.

June 21, 1993.


Attorney(s) appearing for the Case

Marvin Gittler, Asher, Gittler, Greenfield, Cohen & D'Alba, Chicago, IL, Andrew Scott Ward, Charles L. Berger, Berger & Berger, Evansville, IN, for plaintiffs.

Timothy C. Klenk, Jerome Kiley Bowman, Pope, Ballard, Shepard & Fowle, Ltd., Chicago, IL, for defendant.


MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

The plaintiffs have filed a one count amended complaint against their employer, ADM Milling Co. ("ADM"), in which they allege that ADM violated Section 207 of the Fair Labor Standards Act (the "FLSA") by not compensating the plaintiffs for off-work time in which they were "on-call." Defendant ADM has filed a motion for summary judgment. For the reasons discussed below, the court grants ADM's motion...

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