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BATTENFIELD v. UNITED STATES

No. 77-3274.

648 F.2d 1194 (1980)

Byron BATTENFIELD, on behalf of himself and all others similarly situated, Plaintiff-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 30, 1980.

Attorney(s) appearing for the Case

John E. Lindberg, Price, Tinney, Lindberg & Gianas, Tucson, Ariz., for plaintiffs-appellants.

Donnie Hoover, Civ. Div., Dept. of Justice, Washington, D. C., argued, for defendant-appellee.

Before CHOY and GOODWIN, Circuit Judges and SOLOMON, District Judge.

PER CURIAM:

Byron Battenfield, an Immigration Border Patrol Inspector, filed an action for himself and other inspectors who were employed by the Immigration and Naturalization Service (INS) during the years 1964-69, to set aside the INS interpretation of the Administratively Uncontrollable Overtime statute (AUOT), 5 U.S.C. § 5545(c)(2).1 The AUOT statute permits an agency to pay its employees on an annual basis instead of on an hourly...

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