ALEXANDER v. U.S.

No. 93-5156.

32 F.3d 1571 (1994)

Edwin L. ALEXANDER, David E. Barksadale Donald L. Barley, III, Don P. Catron, Leo J. Fernan, Richard J. Greenier, Dave W. Hamilton, Calvin Roy Harrison, Harold Harter, John Himelrick, James A. Hipple, Charles Kothmann, Francisco Lomas, Robert J. Marren, Terrance R. McAda, Lewis G. Reynolds, Roy B. Sowell, Juan Villareal and Craig L. Weinbrenner, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 17, 1994.


Attorney(s) appearing for the Case

Gregory K. McGillivary, Mulholland & Hickey, Washington, DC, argued, for plaintiffs-appellants. With him on the brief was Thomas A. Woodley.

Anthony J. Ciccone, Attorney, Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued, for defendant-appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Peter D. Gregory, Asst. Gen. Counsel, I.N.S., Washington, DC and Scott J. Goldsmith, Justice Management Div., Dept. of Justice, of Washington, DC, of counsel.

Before RICH, NEWMAN, and SCHALL, Circuit Judges.


SCHALL, Circuit Judge.

Appellants, nineteen present and former border patrol agents employed with the Immigration and Naturalization Service (INS or agency), appeal from the April 30, 1993 judgment of the United States Court of Federal Claims,1 granting the government's motion for summary judgment and dismissing their complaint. Alexander v. United States, 28 Fed.Cl. 475 (1993). In their action, appellants sought additional overtime...

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