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STANLEY v. CITY OF TRACY

Nos. 95-16242, 95-17301.

120 F.3d 179 (1997)

Carroll A. STANLEY; James O. Hanson; Timothy T. Heskett; Mark H. Wanta; James Rogers; Kevin E. Vierra; Roberta A. Mulkins, Plaintiffs-Appellees, v. CITY OF TRACY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred October 22, 1996.

Resubmitted March 5, 1997.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Richard C. Bolanos, Cynthia O'Neill, Julie F. Tompkins and Jack W. Hughes, Whitmore, Johnson & Bolanos, Mountain View, CA, for the Defendant-Appellant.

Duane W. Reno, Davis, Reno & Courtney, San Francisco, CA, for the Plaintiffs-Appellees.

Before WOOD, Jr., SCHROEDER, and HALL, Circuit Judges.

SCHROEDER, Circuit Judge:

Plaintiff-Appellees are employees of the City of Tracy police department who sued the City for overtime pay under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. The City contended that Plaintiffs fell within the FLSA's exemption for executive and administrative employees. See 29 U.S.C. § 213(a)(1). The primary issue at trial and on appeal is whether, during the relevant...

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