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CLEVELAND v. CITY OF ELMENDORF, TEX.

No. 04-50103.

388 F.3d 522 (2004)

David A. CLEVELAND; Mark S. Vojvodich; Andrew W. Aston; Brian Benavides, Plaintiffs-Appellants, v. CITY OF ELMENDORF, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 18, 2004.

Attorney(s) appearing for the Case

Mark Anthony Sanchez, Gale, Wilson & Sanchez, San Antonio, TX, for Plaintiffs-Appellants.

Ryan Scott Henry, Patrick C. Bernal, Denton, Navarro, Rocha & Bernal, San Antonio, TX, for Defendant-Appellee.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Four police officers, formerly employed by the City of Elmendorf, contend that they are owed overtime pay under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. The City asserts an exemption from the overtime provisions of the FLSA because it employs less than five police employees during any given workweek. 29 U.S.C. § 213(b)(20). The City pays three officers (a police chief and two part-time officers...

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