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MILLER v. CITY OF INDIANAPOLIS

No. 01-2219.

281 F.3d 648 (2002)

Nathan MILLER, et al., Plaintiffs-Appellants, v. CITY OF INDIANAPOLIS and Indianapolis Fire Department, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 2002.

Attorney(s) appearing for the Case

Marshall H. Tanick (argued), Mansfield, Tanick & Cohen, Minneapolis, MN, for Plaintiffs-Appellants.

Anthony W. Overholt (argued), Office of the Corp. Counsel, City Counsel Legal Div., Peggy D. Dallmann, Office of the Corp. Counsel, Indianapolis, IN, for Defendants-Appellees.

Before POSNER, EVANS, and WILLIAMS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

A group of firefighters contend that the City of Indianapolis violated the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 (USERRA), in the manner in which it calculated the paid leave to which they are entitled when they perform their yearly service in the military Reserves or National Guard. The district court concluded that the firefighters failed to establish a violation of USERRA even though they...

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