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McDONNELL v. CITY OF OMAHA, NEBRASKA

No. 92-3073.

999 F.2d 293 (1993)

William C. McDONNELL; Robert J. Warsocki; Michael Dineen; Don E. Brunken; Verne Beers, Plaintiffs-Appellees, v. CITY OF OMAHA, NEBRASKA, Defendant-Appellant. National Institute of Municipal Law Officers; Nebraska League of Municipalities; Minnesota League of Municipalities; National League of Cities; National Association of County Officers; United States Conference of Mayors; National Public Employer Labor Relations Association; International Personnel Management Association, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Decided July 2, 1993.

Rehearing and Suggestion for Rehearing Denied September 3, 1993.

Attorney(s) appearing for the Case

Thomas O. Mumgaard of Omaha, NE (argued), (Kent N. Whinnery on the brief) for defendant-appellant.

John Fahey of Omaha, NE (argued), for plaintiffs-appellees.

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 3, 1993.

JOHN R. GIBSON, Circuit Judge.

The City of Omaha, Nebraska, appeals from summary judgment entered against it on claims filed by William C. McDonnell, Robert J. Warsocki, Michael Dineen, Don E. Brunken, and Verne Beers, all assistant fire chiefs of the Omaha Fire Division. The chiefs sought a declaratory judgment that they were entitled to overtime wage benefits specified in sections 1...

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