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DONAHUE v. SUSQUEHANNA COLLIERIES CO.

No. 8352.

138 F.2d 3 (1943)

DONAHUE v. SUSQUEHANNA COLLIERIES CO.

Circuit Court of Appeals, Third Circuit.

Decided September 1, 1943.

Rehearing Denied October 19, 1943.

Attorney(s) appearing for the Case

Charles B. Waller and Ben R. Jones, Jr., both of Wilkes-Barre, Pa. (McLanahan, Merritt, Ingraham & Christy, of New York City, and Bedford, Waller, Jones & Darling, of Wilkes-Barre, Pa., on the brief), for appellant.

Charles L. Casper, Fahey & Casper, and Albert H. Aston, all of Wilkes-Barre, Pa. (William J. Fahey, and Albert H. Aston, both of Wilkes-Barre, Pa., of counsel), for appellee.

Before GOODRICH and McLAUGHLIN, Circuit Judges and KIRKPATRICK, District Judge.

GOODRICH, Circuit Judge.

The plaintiff brought an action in the District Court for the Middle District of Pennsylvania, suing for himself and other employees of the defendant, to recover amounts alleged to be due them for overtime work, which they alleged they had not been paid and were entitled to by virtue of the Fair Labor Standards Act of June 25, 1938, 29 U.S.C.A. § 201 et seq. The contracts under which the complaining employees were employed contained a...

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