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CARLSEN v. U.S.

Nos. 2007-5011, 2007-5099.

521 F.3d 1371 (2008)

Charles E. CARLSEN, Jr., John T. Damico, Lourdes Natal, and John W. Tucker, Sr., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. Patrick Shea, Plaintiff-Appellant, v. United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 9, 2008.

Attorney(s) appearing for the Case

Alan Banov, Alan Banov & Associates, of Washington, DC, argued for plaintiffs-appellants in Appeal Nos.2007-5011 and 2007-5099.

Domenique Kirchner, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee in Appeal Nos.2007-5011 and 2007-5099. With her on the brief were Jeanne E. Davidson, Director, and Kathryn A. Bleecker, Assistant Director.

Before BRYSON, LINN, and MOORE, Circuit Judges.

BRYSON, Circuit Judge.

A group of employees working at facilities operated by the federal Bureau of Prisons claim that they have had to perform overtime work for which they were not compensated. Along with a large number of other Bureau of Prisons employees, they filed suit in the Court of Federal Claims contending that under the Federal Employees Pay Act, 5 U.S.C. § 5542, they were entitled to be paid for the overtime that they worked. The trial court analyzed...

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