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MISSEL v. OVERNIGHT MOTOR TRANSP. CO.

Civ. No. 901.

40 F.Supp. 174 (1941)

MISSEL v. OVERNIGHT MOTOR TRANSP. CO., Inc.

District Court, D. Maryland.

July 28, 1941.

Attorney(s) appearing for the Case

William O. Tydings and George A. Mahone, both of Baltimore, Md., for plaintiff.

John R. Norris and Clayton W. Daneker, both of Baltimore, Md., for defendant.

J. Ninian Beall, of Washington, D. C., for American Trucking Ass'ns, Inc.

COLEMAN, District Judge.

This is a suit brought in reliance upon the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201 to 219, inclusive, by the plaintiff, an employee of the defendant, to recover additional wages or salary alleged to be due him, together with penalties, attorney's fee and costs.

It appears from the stipulation of facts filed in the case that the plaintiff was employed by the defendant, a common carrier

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