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CARMODY v. KANSAS CITY BD. OF POLICE COM'RS

No. 12-3051.

713 F.3d 401 (2013)

James CARMODY, individually, and on behalf of a class of others similarly situated; Marcus Davis, individually, and on behalf of a class of others similarly situated; Robert Vivona, individually, and on behalf of a class of others similarly situated, Plaintiffs-Appellants v. KANSAS CITY BOARD OF POLICE COMMISSIONERS; Mark Daniel Heimer, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 23, 2013.

Attorney(s) appearing for the Case

Matthew J. O'Laughlin , argued, Amy P. Maloney , on the brief, Kansas City, MO, for Appellant.

Brent N. Coverdale , argued, Michael L. Blumenthal , on the brief, Kansas City, MO, for Appellee.

Before RILEY, Chief Judge, LOKEN and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

Sergeant James Carmody, Officer Marcus Davis, and Officer Robert Vivona (officers) appeal the district court's1 orders (1) striking the officers' affidavits submitted in resisting summary judgment, and (2) granting summary judgment to the Kansas City Board of Police Commissioners (board) and Captain Mark Daniel Heimer (Heimer) (collectively, city) on the officers' Fair Labor Standards Act (FLSA), 29 U.S.C. § 203...

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