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CREMEENS v. CITY OF MONTGOMERY

No. 09-15633.

602 F.3d 1224 (2010)

Gary CREMEENS, individually and on behalf of all others similarly situated, Doyle Campbell, Lloyd Coleman, Larry Mcneil, William Fulton, Cecil Guthrie, Mark Williams, Daryl Bryant, Plaintiffs-Appellants, v. The CITY OF MONTGOMERY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 5, 2010.

Attorney(s) appearing for the Case

William Richard Davis, Charles Michael Herrington, Davis & Herrington, Montgomery, AL, Heather Newsom Leonard, Heather Leonard, P.C., Birmingham, AL, for Plaintiffs-Appellants.

Wallace D. Mills, Montgomery, AL, for Defendant-Appellee.

Before HULL, WILSON and FARRIS, Circuit Judges.

WILSON, Circuit Judge:

The Appellants, fire investigators for the City of Montgomery's fire department, appeal the dismissal via summary judgment of their collective action seeking overtime pay from the city. Their appeal raises the question of the continuing validity of the Department of Labor's dual assignment regulation, which addresses overtime for firefighters who perform law enforcement duties. We conclude that the regulation

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