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COLLUM v. CITY OF ABILENE

No. 11-90-273-CV.

840 S.W.2d 1 (1991)

Carl E. COLLUM et al., Appellants, v. CITY OF ABILENE, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied January 30, 1992.

Attorney(s) appearing for the Case

B. Craig Deats, Van Os, Deats, Rubinett & Owen, Austin, for appellants.

Claudia Clinton, Harvey Cargill, Jr., Susan M. Yantis, City Attorney's Office, Abilene, for appellee.

McCLOUD, Chief Justice.

This is a suit by eight firemen of the City of Abilene to recover overtime pay.1 The issue is whether the duties of the firemen, while assigned as inspectors in the fire prevention division, included "fighting fires." The jury found in favor of the City. The firemen appeal. We affirm.

The applicable statute, TEX.REV.CIV. STAT.ANN. art. 1269p, § 6, before its amendment provided in part:

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