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McGUIRE v. CITY OF PORTLAND

No. 97-36088.

159 F.3d 460 (1998)

Michael T. McGUIRE; James P. Klum; Grant Coffey; Patrick A. Dooney; Jerry L. Ivie; Robert L. Voris; Delmar S. Stevens; Ronald C. Harris; Darryl F. Cornelius; Terry M. Kandle; Howard W. Boyte, Jr.; George R. Jacobsen; David M. Disciascio; John S. Bisenius; Robert L. Eurick, Plaintiffs-Appellants, v. CITY OF PORTLAND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1998.

Attorney(s) appearing for the Case

Henry J. Kaplan, Bennett, Hartman, Reynolds & Wiser, Portland, OR, for plaintiffs-appellants.

Madelyn Wessel, Office of City Attorney, Portland, OR, for defendant-appellee.

Before: GOODWIN, SKOPIL and SCHROEDER, Circuit Judges.

GOODWIN, Circuit Judge.

Plaintiff-Appellants, past and present battalion chiefs in the City of Portland's Fire Bureau, sued the city for overtime pay under the Fair Labor Standards Act, 29 U.S.C. §§ 201-19 (1994) ("FLSA"). Earlier proceedings resulted in a remand for reconsideration in light of Auer v. Robbins, 519 U.S. 452, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997). The district court granted the City's motion for summary...

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