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MCINTYRE v. DIV. OF YOUTH REHAB. SERVICES

Civ. A. No. 91-125-JLL.

795 F.Supp. 668 (1992)

Roy McINTYRE, Plaintiff, v. DIVISION OF YOUTH REHABILITATION SERVICES, DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES, STATE OF DELAWARE, Defendant.

United States District Court, D. Delaware.

July 13, 1992.

Attorney(s) appearing for the Case

Jeffrey M. Weiner of Weiner & Weir, Wilmington, Del., for plaintiff.

W. Michael Tupman of the Delaware Dept. of Justice, Wilmington, Del., for defendant.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

The plaintiff has brought this suit to recover unpaid on-call duty pay as wages, liquidated damages, attorney's fees, and costs under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 ("FLSA"). (Docket Item ["D.I."] 54 at Exhibit ["Ex."] A, ¶ 3.) The State of Delaware ("State") filed a motion pursuant to Rules 12(b)(6) and Rule 56 of the Federal Rules of Civil Procedure...

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