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ABBEY v. U.S.

No. 2013-5009.

745 F.3d 1363 (2014)

Mark G. ABBEY, L. Roger Abel, Ethan Abelov, Kurt G. Aberhorn, Marc M. Abeyta, Gary Lee Abplanalp, Stephen J. Abraham, Lynn M. Abram, Russell O. Absher, George G. Acampora, Tracey E. Acampora, Diane L. Aceves, Thomas M. Achin, Michael R. Ackerman, Kris Acord, Andrew G. Acres, Jeffrey S. Adair, Leonard J. Adamczyk, Michael Adame, Steve Adamek, Amanda M. Adams, Beth E. Adams, Carl T. Adams, Charles B. Adams, And James P. Adair, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 21, 2014.

Attorney(s) appearing for the Case

Gregory K. McGillivary , Woodley & McGillivary, of Washington, DC, argued for plaintiffs-appellees. With him on the brief was Sara L. Faulman.

Hillary A. Stern , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Reginald T. Blades, Jr. , Assistant Director.

Opinion concurring in part and dissenting in part filed by Circuit Judge O'MALLEY.

TARANTO, Circuit Judge.

The plaintiffs in this case — the "controllers" — are or were employed by the Federal Aviation Administration as air-traffic-control specialists or traffic-management coordinators. The controllers sued the United States in the Court of Federal Claims, alleging that the FAA's policies governing how to compensate them when they worked overtime failed to comply with the time-and-a-half-payment requirement of the Fair Labor Standards...

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