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WHITMORE v. PORT AUTH. OF NEW YORK & NEW JERSEY

No. 895, Docket 89-9093.

907 F.2d 20 (1990)

Donald WHITMORE, Both individually and as President of the Port Authority Police Benevolent Association, Inc., the Port Authority Police Benevolent Association, Inc., and John Doe (a fictitious name representing the consenting plaintiffs annexed to the Complaint), Plaintiffs-Appellants, v. The PORT AUTHORITY OF NEW YORK & NEW JERSEY, the Port Authority Police Department, and Stephen Berger, Executive Director of the Port Authority of New York and New Jersey, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 25, 1990.

Attorney(s) appearing for the Case

Michael C. Axelrod, Mineola, N.Y. (Axelrod, Cornachio & Famighetti, of counsel), for plaintiff-appellant Whitmore.

Kathleen M. Collins, New York City, (Joseph Lesser, Arthur P. Berg, Richard D. Williams, of counsel), for defendants-appellees.

Before OAKES, Chief Judge, and PIERCE, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Donald Whitmore, acting individually and as president of the Port Authority Police Benevolent Association, Inc., the association itself, and some 1,000 consenting members of the association, appeal from a judgment of the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, dismissing plaintiffs' Fair Labor Standards Act suit for overtime pay, and holding that the individual plaintiffs...

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