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ZUMERLING v. DEVINE

Appeal No. 85-541.

769 F.2d 745 (1985)

Michael ZUMERLING, et al., Appellants, v. Donald J. DEVINE, et al., Appellees.

United States Court of Appeals, Federal Circuit.

July 31, 1985.

Attorney(s) appearing for the Case

Thomas A. Woodley, Mulholland & Hickey, Washington, D.C., argued for appellants. With him on brief was Erick J. Genser.

Robert A. Reutershan, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellees. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen. and David M. Cohen, Director.

John Salter, Office of Gen. Counsel, Office of Personnel Management, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, RICH, Circuit Judge, and NICHOLS, Senior Circuit Judge.

NICHOLS, Senior Circuit Judge.

This appeal presents for our review whether the Office of Personnel Management (OPM) has properly applied section 7(k) of the Fair Labor Standards Act (FLSA or Act), 29 U.S.C. § 207(k), as amended in 1974, in formulating its equation for the calculation of overtime payments for federal firefighters and law enforcement officers. Appellants (firefighters), over 4,500 current and former employees of the United States employed in fire...

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