No. 98-436.

527 U.S. 706 (1999)

119 S.Ct. 2240

144 L.Ed.2d 636

ALDEN et al. v. MAINE

Supreme Court of United States.

Decided June 23, 1999.

Attorney(s) appearing for the Case

Laurence Gold argued the cause for petitioners. With him on the briefs were Jonathan P. Hiatt, Timothy L. Belcher, and David L. Shapiro.

Solicitor General Waxman argued the cause for intervenor United States. With him on the briefs were Assistant Attorney General Hunger, Acting Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Irving L. Gornstein, Mark B. Stern, Robert M. Loeb, Peter J. Smith, Allen H. Feldman, Nathaniel I. Spiller, and Ellen L. Beard.

Andrew Ketterer, Attorney General of Maine, argued the cause for respondent. With him on the brief were Paul Stern, Deputy Attorney General, and Peter J. Brann, State Solicitor.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined, p. 760.

Justice Kennedy, delivered the opinion of the Court.

In 1992, petitioners, a group of probation officers, filed suit against their employer, the State of Maine, in the United States District Court for the District of Maine. The officers alleged the State had violated the overtime provisions of the Fair Labor Standards Act of 1938 (FLSA), 52 Stat. 1060, as amended, 29 U. S. C. § 201 et seq. (1994 ed. and Supp....

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