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MARTIN v. OHIO TURNPIKE COM'N

Nos. 91-3807, 91-3838.

968 F.2d 606 (1992)

Marshall MARTIN, Jr., On Behalf of Himself and all other Employees of the Ohio Turnpike Commission similarly situated, et al., Plaintiffs-Appellants, v. OHIO TURNPIKE COMMISSION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 7, 1992.

Rehearing and Rehearing Denied August 20, 1992.

Attorney(s) appearing for the Case

Michael J. Spetrino, David H. Shaffer (argued and briefed), Joondeph & Shaffer, Akron, Ohio, for plaintiffs-appellants.

Maria J. Codinach (briefed), Ronald J. James (argued), Kimberly A. Fatica, Anne C. Morgan, Squire, Sanders & Dempsey, Cleveland, Ohio, for defendant-appellee.

Before: GUY and BOGGS, Circuit Judges; and RONEY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 20, 1992.

PER CURIAM.

The plaintiffs, a group of highway maintenance workers, brought this action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., to obtain overtime compensation for time that they were "on call" while away from the worksite. The district court granted summary judgment to the defendant employer. We affirm.

I.

The plaintiffs are 125 highway maintenance workers...

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