Kathleen S. Winther, for Herself and All Others Similarly Situated v. City of Portland

21 F.3d 1119 2 Wage & Hour Cas.2d (BNA) 992 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kathleen S. WINTHER, for herself and all others similarly situated, Plaintiff-Appellant, v. CITY OF PORTLAND, Defendant-Appellee. No. 92-35590. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1994. Decided April 6, 1994. 1 Before: POOLE and TROTT, Circuit Judges, and KING, District Judge. * 2 MEMORANDUM ** 3 Kathleen Winther appeals the dismissal of her Equal Pay Act suit against the City of Portland. Winther, an emergency communications specialist in the Portland Bureau of Emergency Communications (BOEC), attempted to compare her wages to those of fire fighter specialists/communications in the Portland Fire Alarm Dispatch (FAD). The district court granted summary judgment against her for failing to show that the BOEC and FAD are one "establishment" under the EPA. We have jurisdiction over the district court's final judgment pursuant to 28 U.S.C. Sec.…