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PANIAGUA v. CITY OF GALVESTON, TEXAS

No. 92-7659 Summary Calendar.

995 F.2d 1310 (1993)

John PANIAGUA, Plaintiff-Appellant, Cross-Appellee, v. CITY OF GALVESTON, TEXAS, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 23, 1993.

Attorney(s) appearing for the Case

Stephen J. Schechter, David D. Balkum, Balkum & Schechter, Houston, TX, for plaintiff-appellant.

Gary W. Smith, City Atty., Mary Kay Fischer, Asst. City Atty., Galveston, TX, for defendant-appellee.

Before KING, DAVIS and WIENER, Circuit Judges.

PER CURIAM:

John Paniagua, an employee of the City of Galveston, appeals from a magistrate judge's determination that the time he spent on standby for the City is not compensable under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. The City cross-appeals from the magistrate's decision that Paniagua's standby time is compensable under the terms of the employment contract between Paniagua and the City. Finding no error, we affirm the magistrate judge's decision...

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