BURTON v. ZIMMERMAN

No. 4946.

131 F.2d 377 (1942)

BURTON et al. v. ZIMMERMAN.

Circuit Court of Appeals, Fourth Circuit.

November 9, 1942.


Attorney(s) appearing for the Case

Edward W. Mullins, of Columbia, S. C. (Richard T. Maher, of Columbia, S. C., on the brief), for appellants.

J. E. Belser, of Columbia, S. C. (Melton & Belser, of Columbia, S. C., on the brief), for appellee.

Irving J. Levy, Acting Sol., of Washington, D. C. (Mortimer B. Wolf, Asst. Sol., of Washington, D. C., George A. Downing, Regional Atty., of Atlanta, Ga., George W. Crockett, Jr., and Isadore Rosenblatt, Attys., United States Department of Labor, both of Washington, D. C., on the brief), for Administrator of Wage and Hour Division, United States Department of Labor, Amicus Curiae.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


PER CURIAM.

This is an appeal from an order dismissing an action brought pursuant to section 16(b) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq., to recover unpaid minimum wages and overtime compensation, together with an additional equal amount as liquidated damages, plus attorneys' fees and costs. Plaintiffs were employed as porters and laborers in a fifteen story office building in Columbia, S. C. They alleged that the tenants...

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