Kucera v. City of Wheeling

Caplan, Judge:

This is an appeal from a judgment entered in the Circuit Court of Ohio County under the Uniform Declaratory Judgments Act. In this action the plaintiff sued individually and on behalf of other persons similarly situate as paid fire fighters employed by the City of Wheeling, one of the defendants, seeking to have the court declare that the city be required to pay them compensation for overtime work pursuant to the provisions of Chapter 21, Article 5C of the West Virginia Code of 1931, as amended. After a pretrial conference at which the questions involved were formulated, and…