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DE LOACH v. CROWLEY'S, INC.

No. 10210.

128 F.2d 378 (1942)

DE LOACH et al. v. CROWLEY'S, Inc.

Circuit Court of Appeals, Fifth Circuit.

May 25, 1942.

Attorney(s) appearing for the Case

E. P. Ellis, of Miami, Fla., for appellants.

Erskine W. Landis and John L. Graham, both of DeLand, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The plaintiffs-appellants sued their employer Crowley's, Inc., under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., for wages and overtime accruing after Oct. 24, 1938. A motion to dismiss set up that the petition did not show that plaintiffs were employed in commerce or in the production of goods for commerce; and if that were shown, it appears that plaintiffs were excepted from the wage and overtime provisions by Section 13...

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