CASH v. GRANVILLE COUNTY BOARD OF ED.

No. 00-1496

242 F.3d 219 (2001)

Mary Cash, Plaintiff-Appellant, v. Granville County Board of Education, Defendant-Appellee, North Carolina Association of Educators; American Civil Liberties Union of North Carolina Legal Foundation, Incorporated; North Carolina Academy of Trial Lawyers; North Carolina School Boards Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: March 1, 2001


Attorney(s) appearing for the Case

ARGUED: Susan Ashley Osment, McSurely & Osment, Chapel Hill, North Carolina, for Appellant. Kenneth Alexander Soo, Lisa Lukasik, (on brief) Tharrington Smith, L.L.P., Raleigh, North Carolina, for Appellee. ON BRIEF: Lisa Lukasik, Tharrington Smith, L.L.P., Raleigh, NC, for Appellee. S. Luke Largess, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., Charlotte, North Carolina, for Amicus Curiae Educators. Martha A. Geer, Patterson, Harkavy & Lawrence, L.L.P., Raleigh, North Carolina, for Amici Curiae ACLU and Trial Lawyers. Allison B. Schafer, North Carolina School Boards Association, Raleigh, North Carolina; Christopher Zemp Campbell, Roberts & Stevens, P.A., Asheville, North Carolina, for Amicus Curiae School Boards.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.


Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Michael and Judge Motz joined.

OPINION

NIEMEYER, Circuit Judge:

We are required to determine in this case whether the Granville County (North Carolina) Board of Education enjoys Eleventh Amendment immunity in a suit brought by an employee against it under the Fair Labor Standards Act for overtime pay. The district court, finding that the Board was "an arm...

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