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BAMONTE v. CITY OF MESA

No. 08-16206.

598 F.3d 1217 (2010)

Fred BAMONTE; Javier Cota; Ricardo Perine, and other similarly situated employees, Plaintiffs-Appellants, v. CITY OF MESA, a body politic, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2010.

Attorney(s) appearing for the Case

William B. Aitchison (argued) and Breanne M. Sheetz, Atchison & Vick, Inc., Portland, OR, for appellant Fred Bamonte.

J. Mark Ogden, Laurent R.G. Badoux (argued), and Michael J. Lehet, Littler Mendelson, Phoenix, AZ, for appellee City of Mesa.

Arthur A. Hartinger, Meyers, Nave, Riback, Silver & Wilson, Oakland, CA, for Amici Curiae League of California Cities, California State Association of Counties, and the International Municipal Lawyers Association.

Opinion by Judge RAWLINSON; Partial Concurrence and Partial Dissent by Judge GOULD.

RAWLINSON, Circuit Judge:

Appellants, police officers employed by Appellee City of Mesa (City), challenge the district court's entry of summary judgment in favor of the City. The officers contended that the City violated the Fair Labor Standards Act (FLSA) by failing to compensate police officers for the donning and doffing of their uniforms and accompanying gear. Because officers had the option of donning and doffing their uniforms and gear at home, the district...

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