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HENNESSEY v. U.S. DEPT. OF DEFENSE

No. 94-1492.

46 F.3d 356 (1995)

Joseph HENNESSEY; Richard L. Ale; Thomas Bloom; Jerry Cochran; Karen Geddings; Vern Geddings; John Hough; Johnny Hughes; Curtis Johnson; Mark Miller; Carolyn Oxley; David Plummer; Kenneth Roosa; Danny Webb; Randy Drose; John M. Holbrook; John Dorgan; Robert Allen; John Fennell; James Davis; Gregory Wilkinson; Richard Clay; Patrick Sartori, for themselves and in behalf of other air traffic controllers similarly situated, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF DEFENSE; Department of the Navy; United States Marine Corps; D.A. Richwine, Commanding General, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 1995.

Attorney(s) appearing for the Case

ARGUED: William Walter Osborne, Jr., Beins, Axelrod, Osborne, Mooney & Green, P.C., Washington, DC, for appellants. Charles Edwin Hamilton, III, Asst. U.S. Atty., Raleigh, NC, for appellees. ON BRIEF: Elizabeth J. Head, Beins, Axelrod, Osborne, Mooney & Green, P.C., Washington, DC; J. David James, Smith, Follin & James, Greensboro, NC, for appellants. Janice McKenzie Cole, U.S. Atty., Raleigh, NC, for appellees.

Before ERVIN, Chief Judge, and HAMILTON and LUTTIG, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge HAMILTON joined. Judge LUTTIG wrote a separate opinion concurring in part and dissenting in part.

OPINION

ERVIN, Chief Judge:

The only issue presented in this appeal is whether the district court had subject matter jurisdiction to hear a claim for overtime compensation filed by a group of unionized federal...

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