FLEMING v. ARSENAL BLDG. CORPORATION

No. 87.

125 F.2d 278 (1941)

FLEMING v. ARSENAL BLDG. CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

December 30, 1941.


Attorney(s) appearing for the Case

Irving J. Levy, of Washington, D. C., for appellant.

Walter Gordon Merritt, of New York City, for appellees.

Before L. HAND, C. E. CLARK, and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff appeals from a judgment, dismissing after trial his complaint against the defendants — filed under § 17 of the "Fair Labor Standards Act of 1938" — to restrain violation of § 15(a) (2) of that act 29 U.S.C.A. §§ 217, 215(a) (2). The only question is whether § 7(a) 29 U.S.C.A. § 207(a) requires the defendants to pay "time and a half" to their employees. (We may ignore the defendant, Spear...

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