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AIKEN v. CITY OF MEMPHIS, TENNESSEE

No. 97-6371.

190 F.3d 753 (1999)

William Russell AIKEN, et al., Plaintiffs-Appellants, v. CITY OF MEMPHIS, Tennessee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1999.

Attorney(s) appearing for the Case

William B. Aitchison (argued), Aitchison & Vick, Portland, Oregon, Edwin Dean White III (briefed), Farris, Mathews, Branan & Hellen, Memphis, Tennessee, for Appellants.

Louis P. Britt III (argued and briefed), McKnight, Hudson, Ford & Harrison, Memphis, Tennessee, for Appellee.

Before: MARTIN, Chief Judge; RYAN and COLE, Circuit Judges.

COLE, J., delivered the opinion of the court, in which MARTIN, C. J., joined. RYAN, J. (pp. 762-65), delivered a separate opinion concurring in part and dissenting in part.

COLE, Circuit Judge.

Plaintiffs, past and present Memphis police officers, brought an action against the city of Memphis asserting various claims under the Fair Labor Standards Act (FLSA or Act), 29 U.S.C. §§ 201 et seq. Plaintiffs currently appeal the district court's dismissal...

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