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OWENS v. LOCAL NO. 169

No. 91-35409.

971 F.2d 347 (1992)

Arnold J. OWENS, et al., Plaintiff-Appellee, v. LOCAL NO. 169, ASSOCIATION OF WESTERN PULP AND PAPER WORKERS, Third-Party-Defendant, v. ITT RAYONIER, INC., Defendant-Third-Party-Plaintiff-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1992.

As Amended August 18, 1992.

Attorney(s) appearing for the Case

Bruce Michael Cross, John F. Aslin, Nancy Williams, Perkins Coie, Seattle, Wash., for defendant-appellant ITT-Rayonier, Inc.

Donovan R. Flora, Longfelder, Tinker, Kidman & Flora, Seattle, Washington, James L. Holman, Tacoma, Wash., for plaintiffs-appellees Arnold J. Owens, et al.

Lewis K. Scott, Lane Powell, Spears Lubersky, Portland, Or., amicus curiae of Pacific Coast Ass'n of Pulp and Paper Manufacturers.

Kathryn T. Whalen, Bennett & Durham, Portland, Or., amicus curiae of Western Pulp and Paper Workers and Oregon AFL-CIO.

Ronald E. Richman, Chadbourne & Parke, New York City, amicus curiae of American Paper Institute, Inc.

Mona C. Zeiberg, The National Chamber Litigation Center, Inc., Washington, D.C., amicus curiae of The Chamber of Commerce of the U.S.

Jan S. Amundson, General Counsel, Quentin Riegel, Deputy Gen. Counsel, Washington, D.C., amicus curiae of The Nat. Ass'n of Manufacturers of the U.S.

Before: ALARCON, RYMER, and NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

This case arises from a labor dispute between Defendant employer ITT-Rayonier, Inc. and 91 employees who had brought an action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 207 and 216. The principal issue is whether the FLSA requires overtime compensation for the hours Plaintiffs were required to be available by telephone for "on-call" activities. We hold that under the facts of this case, Plaintiffs are not entitled...

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