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YANT v. U.S.

No. 2009-5058.

588 F.3d 1369 (2009)

Connie E. YANT, Barbara D. Alheit, Tiny L. Anderson, Nancy K. Bedford, Jennifer E. Blair, Robert Coleman Blakey, Marguerite E. Callahan, Carol Callaway-Lane, Beatrice Edmundson, Lori Emery, Donna Esmond, Ramona Farrar, Lois E. Finch, Frankie Fisher, Debra L. Greenspan, Glenda Harris, Linda T. Howerton, Sandra Key Jasper, Jo Ann Johnson, Linda Louise Laughlin, John H. Lewis, Kristi Sue Lowe, David Leo Lybarger, Geralyn McVeigh, Verna Porth, Jacklen Robinson, Troy A. Russell, Amy Sadler, Stacy L. Scarbro, Amanda M. Shaw, Lourdes Elizabeth Spitler, Andrea Lea Stupka, Kathy L. Watkins, Jennifer Watson and Robin Dianne Young, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 14, 2009.

Attorney(s) appearing for the Case

John F. Burke, III, Mansour, Gavin, Gerlack & Manos, Co., LPA, of Cleveland, OH, argued for plaintiffs-appellants.

Douglas G. Edelschick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia McCarthy, Assistant Director. Of counsel on the brief was Raney Irwin, Attorney, Regional Counsel Office, United States Department of Veterans Affairs, of Nashville, TN.

Opinion for the court filed by Circuit Judge MAYER. Concurring opinion filed by Circuit Judge PROST.

MAYER, Circuit Judge.

Plaintiffs appeal the judgment of the United States Court of Federal Claims granting the United States summary judgment that Plaintiffs do not qualify for coverage under the Equal Pay Act, 29 U.S.C. § 206(d)(1). Yant v. U.S., 85 Fed.Cl. 264 (2009). We affirm.

BACKGROUND

The thirty-five plaintiffs ("the Yant plaintiffs") are current and former nurse practitioners ("NPs") employed by the United States Department...

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