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BOBO v. U.S.

No. 97-5096.

136 F.3d 1465 (1998)

Jerry BOBO, John Bordovsky, IV, Dennis Harmon, Richard Hawbaker, Robert Nelson, Russell O'Riley, Julio Tydingco, Luis Armendariz, Donald Arnold, Ruben Banda, Christopher Cantrell, Brian Carter, Steven Clanahan, John Dissler, Jason Heckler, Eugene Montoya, Michael Myers, Christopher O'Dell, Bruce Roberts, Robert Rodriguez, Harold Smallwood, Gregory Smith, Guadalupe Trevino, Jr., Luis Uribe, Gregorio Vasquez and Jonathan Hawley, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 9, 1998.

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.

Hillary A. Stern, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for defendant-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director.

Before MICHEL, LOURIE and CLEVENGER, Circuit Judges.

MICHEL, Circuit Judge.

Plaintiffs-Appellants (the "INS Agents") appeal from a final judgment of the United States Court of Federal Claims concluding that the INS Agents' commutes were not compensable under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (1994) (the "FLSA"), and granting summary judgment to the United States. Bobo v. United States, 37 Fed.Cl. 690 (Fed.Cl.1997). This appeal was submitted for our decision following oral argument on...

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