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BRICKEY v. COUNTY OF SMYTH, VA.

Civil Action No. 93-0192-A.

944 F.Supp. 1310 (1996)

James BRICKEY, et al., Plaintiffs, v. COUNTY OF SMYTH, VIRGINIA, et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

October 25, 1996.

Attorney(s) appearing for the Case

Steven R. Minor, Elliott, Lawson & Pomrenke, Bristol, VA, Reelia R. Watson, Abingdon, VA, for James Brickey, Joseph Kenny, Dale Allen Miller, Christopher Roberts, Ronald Rolen, Danny Waddle.

William Fain Rutherford, Jr., Todd A. Leeson, Flippin, Densmore, Morse, Rutherford & Jessee, Roanoke, VA, for County of Smyth, Virginia, John NMN Grubb.

John Patrick Griffin, Office of the Attorney General, Richmond, VA, for Commonwealth of Virginia.

William Fain Rutherford, Jr., Flippin, Densmore, Morse, Rutherford & Jessee, Roanoke, VA, for Smyth County Sheriff's Department.

Henry S. Keuling-Stout, Keuling-Stout, P.C., Big Stone Gap, VA, for Jerry L. Archer.

OPINION

JONES, District Judge.

The principal issue for decision is whether Virginia deputy sheriffs are employees of the particular county in which they are employed, for the purposes of the Fair Labor Standards Act. I hold that they are not, and that accordingly the present action must fail. I also hold, as a preliminary matter, that the Eleventh Amendment does not bar the present case.

I. Introduction.

The plaintiffs, former deputy...

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