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ADKINS v. CITY OF HUNTINGTON

No. 21866.

445 S.E.2d 500 (1994)

191 W.Va. 317

Phillip ADKINS, et al., Plaintiffs Below, Appellees, v. CITY OF HUNTINGTON, a Municipal Corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 23, 1994.

Attorney(s) appearing for the Case

John F. Cyrus, Gardner & Cyrus, Charles W. Peoples, Jr., Huntington, for appellees.

Scott A. Damron, Vinson, Meek, Pettit & Colburn, L.C., Huntington, for appellant.

WORKMAN, Justice:

This case arises as a certified question from the United States Court of Appeals for the Fourth Circuit ("Fourth Circuit") to resolve a question of overtime pay for municipal firefighters.1 The question presented is: "Whether the City, as a political subdivision of the State of West Virginia, is eligible for W.Va.Code § 21-5C-1(e)'s exception and is, thus, not an `employer' subject to the overtime pay requirements...

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