FITZGERALD v. KROGER GROCERY & BAKING CO.

No. 1955.

45 F.Supp. 812 (1942)

FITZGERALD, et al. v. KROGER GROCERY & BAKING CO.

District Court, D. Kansas, Second Division.

June 22, 1942.


Attorney(s) appearing for the Case

J. Rodney Stone and Bernard Peterson, both of Newton, Kan., for plaintiffs.

Vermilion, Evans, Carey & Lilleston, of Wichita, Kan., for defendant.


HOPKINS, District Judge.

The action is one by ten persons under the Fair Labor Standards Act, June 25, 1938, 29 U.S.C.A. § 201 et seq.

The plaintiffs allege they were employed by the defendant to operate its private trucks from the week which ended October 29, 1930, to the week which ended May 10, 1941. They assert under Secs. 6 and 7 of the Act, 29 U.S.C.A. §§ 206, 207, they have a right to recover time and a half for overtime beyond the hours...

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