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SANDS v. TOWN OF WEST YELLOWSTONE

No. DA 06-0085.

158 P.3d 432 (2007)

2007 MT 110

Joe SANDS and Rhoda Sands, Plaintiffs and Appellants, v. TOWN OF WEST YELLOWSTONE, Defendant and Respondent.

Supreme Court of Montana.

Decided May 8, 2007.

Attorney(s) appearing for the Case

For Appellants: Stephen C. Pohl, Paul Grigsby, Aspen Professional Center, Bozeman, Montana.

For Respondent: Philip F. Walsh, Walsh & McKenna, P.C., Bozeman, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Joe and Rhoda Sands, former emergency medical technicians (EMTs) for the Town of West Yellowstone (Town) sued the Town for failing to pay them for the hours they were on-call but were not actually responding to a call. The Sands moved for partial summary judgment seeking a determination that these on-call hours constituted compensable work under the Fair Labor Standards Act (FLSA). The Town opposed...

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