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FRANK v. McQUIGG

No. 90-35108.

950 F.2d 590 (1991)

Anthony M. FRANK, Postmaster General, et al., Petitioners-Appellants, v. Donald D. McQUIGG, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 6, 1991.

Attorney(s) appearing for the Case

James A. Friedman, Office of Labor Law, U.S. Postal Service, Washington, D.C., Crandon Randall, Asst. U.S. Atty., Anchorage, Alaska, for petitioners-appellants.

Peter A. Galbraith, Galbraith & Owen, Stephen F. Frost, Anchorage, Alaska, for respondents-appellees.

Before WRIGHT, FARRIS and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Donald McQuigg and several others (collectively, "McQuigg") sued their employer, the United States Postal Service (the "Postal Service") for failure to pay adequate overtime wages. McQuigg claimed the Postal Service's formula for computing overtime pay violated the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (1988).

The district court granted partial summary judgment for McQuigg, concluding: (1) the Postal Service's formula...

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