McLEOD v. THRELKELD

No. 10434.

131 F.2d 880 (1942)

McLEOD v. THRELKELD et al.

Circuit Court of Appeals, Fifth Circuit.

December 9, 1942.


Attorney(s) appearing for the Case

Leon C. Levy, of Houston, Tex., for appellant.

John P. Bullington, of Houston, Tex., for appellees.

Irving J. Levy, Acting Sol., U. S. Department of Labor, and Mortimer B. Wolf, Asst. Sol., U.S. Department of Labor, both of Washington, D. C., and Llewellyn B. Duke, Regional Atty., U. S. Department of Labor, of Dallas, Tex., for amicus curiae.

Before HOLMES and McCORD, Circuit Judges, and STRUM, District Judge.


McCORD, Circuit Judge.

Appellant's action was for recovery of overtime compensation, liquidated damages, interest, and attorney's fees under the provisions of Section 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219.

Except for evidence touching the question of whether the employer's commissary "served other than railroad workmen", the facts are stipulated. The stipulated facts are carefully set out in the well-considered opinion...

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