BAIRD v. SONNEK

Nos. 91-1059, 91-1063.

944 F.2d 890 (1991)

James A. BAIRD, Theron R. Barnes, Jimmy W. Downs, Nash R. Folley, James C. Hobbs, Melvin H. Hudgins, Webster T. Johnson, James F. Mahan, Elmer M. Meyer, Jerry E. Moore, Frank Novak, Olen G. Ray, Russell W. Reneau, Kenneth A. Sims, and Jacob J. Voos, Plaintiffs/Cross-Appellants, v. Armand SONNEK, Helium Operations Division, Robert Horton, Bureau of Mines, William Clark and United States Department of Interior, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 17, 1991.


Attorney(s) appearing for the Case

Donald P. MacDonald, Hornbein, MacDonald, Fattor and Hobbs, P.C., of Denver, Colo., argued for plaintiffs/cross-appellants. With him on the brief was Timothy Hoffman, Hoffman, Sheffield and Sauseda, of Amarillo, Tex.

Beatrice G. Chester, Atty., Office of Sol., U.S. Dept. of Interior, of Washington, D.C., argued for defendants-appellants. With her on the brief were Stuart Gerson, Asst. Atty. Gen., Marvin Collins, U.S. Atty., William Kanter and William G. Cole, Attys., Dept. of Justice, of Washington, D.C.

Before LOURIE, CLEVENGER and RADER, Circuit Judges.


RADER, Circuit Judge.

The Government appeals the June 27, 1989 and August 16, 1989 orders of the United States District Court for the Northern District of Texas. The district court refused to limit plaintiffs' wages for fiscal years (FY) 1979 and 1980, but applied a limit to plaintiffs' wages for FY 1981, 1982 and 1983. Under the stipulated facts, plaintiffs' wages fall within the statutory caps for all five years. Therefore, this court reverses the district court...

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