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DUNN v. COBB COUNTY

Civ. No. 1:90-cv-2695-ODE.

760 F.Supp. 909 (1991)

James DUNN, John Goebel, Individually and on behalf of Similarly Situated County Fire Department Employees, and George Lehner, v. COBB COUNTY; D.W. Hilton, and Colonel John McLaughlin, in both their Official and Individual Capacities as Fire Chief and Deputy Chief of the Cobb County Fire Department.

United States District Court, N.D. Georgia, Atlanta Division.

April 12, 1991.

Attorney(s) appearing for the Case

Allan Leroy Parks, Jr., Kirwan, Goger, Chesin & Parks, Atlanta, Ga., for plaintiffs.

John Eugene Thompson, Mallory Erle Phillips, III, Mairen C. Kelly, Fisher & Phillips, Atlanta, Ga., for defendants.

ORDER

ORINDA D. EVANS, District Judge.

This action brought under the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201, et seq., is before the court on Defendants' motion to dismiss pursuant to Fed.R. Civ.P. 12(b)(6).

The relevant facts are brief. Plaintiffs are all firefighters employed by Cobb County. In 1976 the Supreme Court barred application of the FLSA, including its overtime provisions, to State and municipal employers...

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