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O'BRIEN v. TOWN OF AGAWAM

No. 03-1685.

350 F.3d 279 (2003)

Gary O'BRIEN, Donald Gallerani, Anthony Cichetti, Gerald O'Keefe, Ralph Grady, Richard Curry, Mark Ceccarini, James Donovan, Eric Gillis, Eric Fairchild, Paul Chenevert, Anthony Malone, John Konasek, Jennifer Blanchette, Christopher Brunelle, William Sliech, Anthony Grasso, Brian Strong, Eric Lottermoser, James Wheeler, Andrew Parrelli, Ronald Brown, Theresa Moccio, Richard Conlon, Daniel Ciak, Keith Bopko, Robert Marsh, Richard Light, Karen Langevin, Eric Camerlin, Gary Nardi, Steven Draghetti, John Field, Thomas Marmo, Robert Burke, Richard Riccio, Peter Bertera, Edward McGovern, Richard Niles, Edward Connor, Richard McDonnell, Paul Murphy, John Moccio, Stanley Chmielewski, Roland Dymon, Mark Pfau, Steven Grasso, Wayne Macey, Michael Gruska, Donald Loncto, Mark Poggi, Joseph Santore, Plaintiffs, Appellants, v. TOWN OF AGAWAM; Agawam Police Department, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 2, 2003.

Attorney(s) appearing for the Case

John Connor for appellants.

David A. Robinson for appellees.

Before LYNCH, Circuit Judge, LIPEZ, Circuit Judge, and OBERDORFER, Senior District Judge.

LYNCH, Circuit Judge.

Current and former police officers of the Town of Agawam, Massachusetts brought suit under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq., alleging that the Town's compensation scheme for police officers violates the FLSA by omitting certain wage augments from the calculation of the officers' overtime rate.1 The district court granted summary judgment for the Town, holding that the...

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