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McGAVOCK v. CITY OF WATER VALLEY, MISS.

No. 05-60396.

452 F.3d 423 (2006)

Mark McGAVOCK, Sherman Gooch, Stewart Spence, Travis Inman, and Donald Bynam, Plaintiffs-Appellees, v. CITY OF WATER VALLEY, MISSISSIPPI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 12, 2006.

Attorney(s) appearing for the Case

Sidney Ray Hill, III (argued), Clayton, O'Donnell & Walsh, Oxford, MS, for Plaintiffs-Appellees.

Gary Erwin Friedman (argued), Tori L. Winfield, Phelps Dunbar, Jackson, MS, for Defendant-Appellant.

Before GARWOOD, DAVIS and GARZA, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This case arises out of the application of the Fair Labor Standards Act overtime exemption for employees "engaged in fire protection activities." 29 U.S.C. § 207(k). Unless the exemption applies, the Fair Labor Standards Act ("FLSA") requires that employees be compensated at a rate of one-and-one-half times their hourly rate for all hours worked in excess of forty hours in one week. 29...

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