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ZUMERLING v. MARSH

Appeal No. 85-2419.

783 F.2d 1032 (1986)

Michael ZUMERLING, et al., Appellees, v. John O. MARSH, Jr., etc., et al., Appellants.

United States Court of Appeals, Federal Circuit.

February 10, 1986.

Attorney(s) appearing for the Case

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

Michael S. Wolly, Mulholland & Hickey, Washington, D.C., argued for appellees. With him on brief was Thomas A. Woodley.

Before MARKEY, Chief Judge, and DAVIS and SMITH, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal of an order and final judgment of the United States District Court for the Western District of Pennsylvania, assessing post-judgment interest against the United States in an action for minimum wages and liquidated damages under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (1982) (FLSA). We hold that the United States has not waived its sovereign immunity with respect to an award of post-judgment interest...

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