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McGUIRE v. CITY OF PORTLAND, OR.

No. 95-35391.

91 F.3d 1293 (1996)

Michael T. McGUIRE, James P. Klum, Grant M. Coffey, Patrick A. Dooney, Jerry L. Ivie, et al., Plaintiffs-Appellees, v. CITY OF PORTLAND, OREGON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 2, 1996.

Attorney(s) appearing for the Case

Terence L. Thatcher, Office of City Attorney, Portland, Oregon, for defendant-appellant.

Kathryn T. Whalen, Bennett & Hartman, Portland, Oregon, for plaintiffs-appellees.

Charles C. Jackson, Seyfarth, Shaw, Fair-weather & Geraldson, Chicago, IL, for amicus National Public Employer Labor Relations Association/Oregon Public Employer Labor Relations Association.

Before: GOODWIN, SKOPIL, and SCHROEDER, Circuit Judges.

Opinion by Judge GOODWIN; Concurrence by Judge SKOPIL.

GOODWIN, Circuit Judge:

Plaintiffs, current or former battalion chiefs for the Portland Fire Bureau, sued the city for overtime pay under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-209. The city defended on the theory that plaintiffs were not entitled to overtime pay because they were salaried workers and fell within the FLSA's overtime exemption...

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