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BYRNES v. UNITED STATES

Nos. 55-60, 97-60, 171-60, 323-60, 496-59.

324 F.2d 966 (1963)

Jerome BYRNES et al. v. The UNITED STATES. Edren S. BURNS et al. v. The UNITED STATES. Jack A. BLUE et al. v. The UNITED STATES. Russel A. COWLES et al. v. The UNITED STATES. Francis M. FIX et al. v. The UNITED STATES.

United States Court of Claims.

November 15, 1963.

Attorney(s) appearing for the Case

Irving Wilner, Washington, D. C., for plaintiffs. Seegmiller, Wilner & Custer, Keith L. Seegmiller, Cecil E. Custer, Washington, D. C., and Francis J. McGan, Butte, Mont., were on the brief.

Alfred H. O. Boudreau, Jr., Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant, Joseph J. Stengel, Atty., Office of Chief Counsel, Internal Revenue Service, was on the brief.

Before JONES, Chief Judge, WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

DURFEE, Judge.

These five cases, consolidated for trial, present the claims of 65 investigators of the Alcohol and Tobacco Tax Division, Internal Revenue Service, for overtime compensation under the Federal Employees Pay Act of 1945, 59 Stat. 295 (1945), as amended. The actual performance by a number of plaintiffs of work outside or, in addition to, the normal workweek of five eight-hour days, is not in dispute. The principal issue is whether the extra hours actually...

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