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HOUSTON POLICE OFFICERS' UNION v. CITY OF HOUSTON

No. 01-21117.

330 F.3d 298 (2003)

HOUSTON POLICE OFFICERS' UNION; Hans Marticiuc; Andrea Burke; Steven Cain; Richard Hahn; Michael Lumpkin; Shawn Palin; Clyde Rooke; Steven Murdock; Eight Hundred Eighty-Nine Additional Consenters, Plaintiffs-Appellants, v. CITY OF HOUSTON, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 29, 2003.

Attorney(s) appearing for the Case

Michael T. Leibig (argued), Guerino Joseph Calemine, Zwerdling, Paul, Lebig, Kahn, Thompson & Wolly, Alexandria, VA, Robert Anthony Armbruster, Houston Police Officer's Union, Robert J. Thomas, Houston, TX, for Plaintiffs-Appellants.

John E. Fisher, Senior Asst. City Atty. (argued), The City of Houston, Legal Dept., Houston, TX, for Defendant-Appellee.

Before JONES, SMITH and SILER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The principal question raised in this appeal is whether section 207(o)(5) of the Fair Labor Standards Act ("FLSA") requires a public agency to allow its employees the use of accrued compensatory time on those days specifically requested by the employees, unless to do so would "unduly disrupt" the agency's function. In support of this proposition, appellant Houston Police Officers' Union and others (collectively, the "Union") argue...

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