Legal Opinion
Dunn v. Cobb County
District Court, N.D. Georgia
Decided April 12, 1991No. Civ. No. 1:90-cv-2695-ODEPublishedCited by 1 opinion
1Opinion of the Court
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 on Tenth Amendment grounds. Nat’l League of Cities v. Usery, 426 U.S. 833, 96 S.Ct. 2465, 49 L.Ed.2d 245 (1976). Nine years later, the Supreme Court overruled…
2Cases cited18 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
- Delaware State College v. RicksSupreme Court of the United States · 1980
- United Air Lines, Inc. v. EvansSupreme Court of the United States · 1977
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
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3Cited by1 opinion
- Dunn v. Cobb CountyCourt of Appeals for the Eleventh Circuit · 1992