No. 98-1965.

180 F.3d 136 (1999)

Gregg Alan BENSHOFF; Zeno Nichols, Jr.; Paul Robert Criswell; Jeffrey L. Floyd; George Marshall; Alan G. Taylor; Alan Paul Walters, Plaintiffs-Appellants, v. CITY OF VIRGINIA BEACH, Defendant-Appellee. Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1999.

Attorney(s) appearing for the Case

ARGUED: Thomas Aquinas Woodley, Mulholland & Hickey, Washington, D.C., for Appellants. Stanley Graves Barr, Jr., Kaufman & Canoles, P.C., Norfolk, Virginia, for Appellee. ON BRIEF: Gregory K. McGillivary, Mulholland & Hickey, Washington, D.C., for Appellants. Robert J. Barry, Scott W. Kezman, Kaufman & Canoles, P.C., Norfolk, Virginia; Leslie L. Lilley, City Attorney, Richard J. Beaver, Senior Attorney, L. Stephen Emmert, Senior Attorney, City Attorney's Office for the City of Virginia Beach, Virginia Beach, Virginia, for Appellee. Henry L. Solano, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, Counsel for Appellate Litigation, Leif G. Jorgenson, United States Department of Labor, Washington, D.C., for Amicus Curiae.

Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge LUTTIG and Judge MOTZ joined.


TRAXLER, Circuit Judge:

Plaintiffs, firefighters employed by the City of Virginia Beach (the "City"), appeal an order of the district court denying their motion for summary judgment and granting the City's cross motion for summary judgment on plaintiffs' claim that the City violated the Fair Labor Standards Act (the "FLSA" or "Act...


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