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HOLZAPFEL v. TOWN OF NEWBURGH, N.Y.

No. 95 Civ. 10409 (WCC).

935 F.Supp. 418 (1996)

Joseph H. HOLZAPFEL, and Others Similarly Situated, Plaintiffs, v. TOWN OF NEWBURGH, NEW YORK, and Charles M. Kehoe, Chief of Police, Town of Newburgh Police Department, Defendants.

United States District Court, S.D. New York.

August 1, 1996.

Attorney(s) appearing for the Case

Chamberlain and Kaufman (Alan S. Kaufman, of counsel), Albany, New York, for Plaintiffs.

Drake, Sommers, Loeb, Tarshis & Catania, P.C. (Daniel J. Schneider, of counsel), Newburgh, New York, for Defendants.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

On December 11, 1995, plaintiff Joseph Holzapfel filed this action against defendants Town of Newburgh (the "Town") and Charles M. Kehoe, the Chief of Police for the Town of Newburgh Police Department. Plaintiff has alleged that defendants violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., by failing to compensate him adequately for "off the clock" activities...

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