BERG v. NEWMAN

No. 92-1209.

982 F.2d 500 (1992)

Ronald L. BERG, Borre A. Schmidt and Dale T. Sturgill, Plaintiffs-Appellants, v. Constance Berry NEWMAN, Director, Office of Personnel Management, Donald B. Rice, Secretary of the Air Force and United States of America, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 28, 1992.


Attorney(s) appearing for the Case

Linda Lipsett, Bernstein & Lipsett, of Washington, DC, argued, for plaintiffs-appellants.

Joan M. Bernott, Dept. of Justice, argued, for defendants-appellees, with her on the brief were Stuart E. Schiffer and David M. Cohen. Of counsel was Lt. Col. W. Jan Faber, U.S. Dept. of Air Force.

Before ARCHER, LOURIE, and RADER, Circuit Judges.


RADER, Circuit Judge.

Ronald Berg, et al. appeal the grant of summary judgment in favor of the Office of Personnel Management (OPM). In granting OPM's motion, the United States District Court for the Eastern District of California determined that appellants are "exempt" from Fair Labor Standards Act (FLSA) overtime benefits. Berg v. Newman, No. CV-F-90-671 REC (E.D.Cal. June 19, 1991). The district court also determined that OPM could invoke the FLSA's "good...

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