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MIELKE v. LAIDLAW TRANSIT, INC.

No. 00 C 669.

102 F.Supp.2d 988 (2000)

David MIELKE, Barbara Boyer, Astella Goad, Mary Ann Schmieder, Karen Harnew, Mildred Jensen, Michelle Trahan, Gesualda M. Densford, Rosemary Fullone, Plaintiffs, v. LAIDLAW TRANSIT, INCORPORATED, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

July 11, 2000.

Attorney(s) appearing for the Case

Eugene W. Beeler, Andrew H. Haber, Steven J. Tomiello, Beeler, Schad & Diamond, P.C., Chicago, IL, Dennis Ray Favaro, Kenneth Alan Runes, Thill, Favaro, Buzek & Gorman, Palatine, IL, for Plaintiffs.

Clare E. Connor, David Matthew Schultz, Hinshaw & Culbertson, Chicago, IL, Russ M. Strobel, Chad W. Moeller, Altheimer & Gray, Chicago, IL, David Brian Ritter, Mayer, Brown & Platt, Chicago, IL, Larry Besnoff, Philadelphia, PA, for Defendants.

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

The plaintiffs, nine bus drivers, sue their employer, Laidlaw Transit, Inc., for unpaid overtime pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207. Laidlaw seeks summary judgment on the grounds that, under the Motor Carrier Act (MCA), 29 U.S.C. § 213(b)(1), it is exempt from the "time and a half" provision of the FLSA because the Department of Transportation has the power...

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