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NIGG v. U.S. POSTAL SERVICE

No. 05-55650.

501 F.3d 1071 (2007)

Robert NIGG; Keith Lewis, as private attorney generals and on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, and Gina Harrell, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2007.

Attorney(s) appearing for the Case

Daniel A. Osborn, Beatie & Osborn, LLP, New York, NY, for the appellants.

Leon W. Weidman and Jason K. Axe, Assistant United States Attorneys, Los Angeles, CA, for the appellee.

Before: B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and RONALD M. WHYTE, District Judge.

McKEOWN, Circuit Judge:

This appeal principally involves the relationship between two labor statutes—the Fair Labor Standards Act of 1938 and a 1996 statute related to compensation for postal inspectors, 39 U.S.C. § 1003(c). Robert Nigg, a postal inspector1 currently employed by the United States Postal Service ("the Postal Service") and Keith Lewis, a retired postal inspector, sued the Postal Service alleging that the inspectors...

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