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SUPER-COLD SOUTHWEST CO. v. McBRIDE

No. 9944.

124 F.2d 90 (1941)

SUPER-COLD SOUTHWEST CO. v. McBRIDE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 15, 1942.

Attorney(s) appearing for the Case

William Lipscomb and George E. Seay, both of Dallas, Tex., for appellant.

Curtis E. Hill and Robert W. Hancock, both of Dallas, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was under Section 16 of the Fair Labor Standards Act of 1938,1 to recover time and a half for overtime. The claim was that from October 24, 1938, to March 1, 1940, plaintiff's regular hourly rate of pay was forty-one and two-thirds cents per hour, and that in that period he worked a total of approximately 1,136 overtime hours, for which he was due sixty-two and one-half cents per hour. The defenses were...

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