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ALEX v. CITY OF CHICAGO

Nos. 93-2627, 93-2630.

29 F.3d 1235 (1994)

James M. ALEX, et al., Plaintiffs-Appellees, v. CITY OF CHICAGO, Defendant-Appellant. Michael M. McKITTRICK, et al., Plaintiffs-Appellees, v. CITY OF CHICAGO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 1994.

Attorney(s) appearing for the Case

Thomas A. Woodley (argued), Mulholland & Hickey, Washington, DC, Stephen B. Horwitz, Jacobs, Burns, Sugarman & Orlove, Chicago, IL, for plaintiffs-appellees in No. 93-2627.

Lawrence Rosenthal, Deputy Corp. Counsel, Mardell Nereim (argued), Benna R. Solomon, Susan S. Sher, Office of the Corp. Counsel, Appeals Div., Chicago, IL, for defendant-appellant in No. 93-2627.

Robert S. Sugarman, Stephen B. Horwitz, Jacobs, Burns, Sugarman & Orlove, Chicago, IL, Thomas A. Woodley (argued), Mulholland & Hickey, Washington, DC, for plaintiffs-appellees in No. 93-2630.

Jennifer Naber, Asst. Corp. Counsel, Lawrence Rosenthal, Deputy Corp. Counsel, Mardell Nereim (argued), Kelly R. Welsh, Asst. Corp. Counsel, Benna R. Solomon, Susan S. Sher, Jennifer J. Ranger, Office of the Corp. Counsel, Appeals Div., Chicago, IL, for defendant-appellant in No. 93-2630.

Before BAUER and FLAUM, Circuit Judges, and GRANT, District Judge.

FLAUM, Circuit Judge.

These consolidated cases involve identical claims by current and former paramedic employees of the Fire Department of the City of Chicago that they are entitled to overtime pay for hours worked in excess of 40 hours per week, in accordance with section 7(a) of the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1). The City asserts nonliability under section 7(k) of the Act which establishes a limited exemption from the overtime provision for...

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