HEATH v. CITY OF FAIRFAX

No. 75-1938.

542 F.2d 1236 (1976)

Warren A. HEATH and Robert L. Fleck, Individually and as Representatives of and for a class known as Past & Present Employees of the City of Fairfax, Virginia, Appellants, v. CITY OF FAIRFAX et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1976.


Attorney(s) appearing for the Case

Gilbert K. Davis, Vienna, Va. (Duvall, Tate, Bywater & Davis, Vienna, Va., on brief), for appellants.

John H. Rust, Jr., Fairfax, Va. (Joseph V. Buonassissi, II, Rust, Rust & Pratt, Fairfax, Va., on brief), for appellees.

Before BOREMAN, Senior Circuit Judge and RUSSELL and WIDENER, Circuit Judges.


PER CURIAM.

The plaintiffs, who are police officers of the City of Fairfax, Virginia, filed this action against the City, the members of its Council, its City Manager, its Comptroller and its Chief of Police. They assert that under a salary scale ordinance, adopted by the City Council, they were entitled to certain increases in pay based on "longevity of employment" which the City has refused to pay them. They seek judgment "in the amount of back pay, plus interest...

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