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CARPENTER v. CITY & COUNTY OF DENVER, COLO.

No. 95-1245.

82 F.3d 353 (1996)

C. Kelly CARPENTER, et al., Plaintiffs-Appellants, v. CITY & COUNTY OF DENVER, COLORADO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 23, 1996.

Attorney(s) appearing for the Case

Thomas B. Buescher, Brauer, Buescher, Valentine, Goldhammer & Kelman, P.C., Denver, Colorado, for Plaintiffs-Appellants.

Darlene M. Ebert, Assistant City Attorney (Daniel E. Muse, City Attorney, and Michelle M. Lucero, Assistant City Attorney, with her on the brief), Denver, Colorado, for Defendant-Appellee.

Before PORFILIO, BARRETT, and LUCERO, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

In this appeal, we are asked to decide whether plaintiffs, lieutenants, captains, and division chiefs in the Denver Police Department, are salaried employees exempt from the overtime requirement of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207. This resolution pivots on our reading of 29 C.F.R. § 541.118(a), which states an employee whose salary is "subject to reduction because of variations in the quality or quantity...

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