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DEPARTMENT OF LABOR v. CITY OF SAPULPA, OKL.

Nos. 93-5144, 93-5165.

30 F.3d 1285 (1994)

DEPARTMENT OF LABOR, Robert Reich, Secretary, Plaintiff-Appellee/Cross-Appellant, v. CITY OF SAPULPA, OKLAHOMA, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 12, 1994.

Attorney(s) appearing for the Case

Stephen L. Andrew (D. Kevin Ikenberry, also of McCormick, Andrew & Clark, with him on the briefs), Tulsa, OK, for the City of Sapulpa.

Mary J. Rieser, Atty. (Thomas S. Williamson, Jr., Sol. of Labor, Monica Gallagher, Associate Sol., William J. Stone, Counsel for Appellate Litigation, James E. White, Regional Sol., with her on the briefs), U.S. Dept. of Labor, Washington, DC, for the Dept. of Labor.

Before SEYMOUR, Chief Judge, LOGAN and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

The City of Sapulpa, Oklahoma, appeals the district court's judgment for the Secretary of Labor finding that captains and fourth captains employed by the City of Sapulpa Fire Department were entitled to overtime compensation pursuant to 29 U.S.C. §§ 207(a) and 215(a)(2). The Secretary has cross-appealed, asserting that the district court erred in failing to award liquidated damages pursuant to 29 U.S.C. § 216.

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