Wilson v. City of Charlotte, NC

MEMORANDUM OF DECISION AND ORDER

ROBERT D. POTTER, Chief Judge.

I. PRELIMINARY STATEMENT AND QUESTIONS PRESENTED

THIS MATTER is before the Court on (1) Defendant’s Motion for Summary Judgment on Remaining Issues, filed May 5, 1989, and (2) Plaintiffs’ Cross-motion for Summary Judgment on Remaining Issues, filed May 23, 1989. Both parties are seeking partial summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, on the following two questions:(1) Are Plaintiff fire captains exempt-pursuant to 29 U.S.C.A. § 213(a)(1) (West Supp.1989) and the applicable regulations — from…