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WHATLEY v. GREAT SOUTHERN TRUCKING CO.

No. 9918.

123 F.2d 143 (1941)

WHATLEY v. GREAT SOUTHERN TRUCKING CO.

Circuit Court of Appeals, Fifth Circuit.

November 6, 1941.

Attorney(s) appearing for the Case

Albert J. Little and West L. Cranford, both of Valdosta, Ga., for appellant.

H. C. Eberhardt, of Valdosta, Ga., and E. T. McIlvaine, of Jacksonville, Fla., for appellee.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This is an action to recover unpaid wages, overtime, and damages alleged to be due and owing to Leroy W. Whatley, as an employee of the Great Southern Trucking Company, under Sections 6, 7, and 16(b) of the Fair Labor Standards Act of 1938. 29 U.S.C.A. §§ 206, 207, and 216(b). The court below held that Whatley had never been an employee of the company and was not entitled to the recovery sought. This appeal is from a judgment entered...

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