ALLESANDRO v. C. F. SMITH CO.

No. 9424.

136 F.2d 75 (1943)

ALLESANDRO et al. v. C. F. SMITH CO.

Circuit Court of Appeals, Sixth Circuit.

June 3, 1943.


Attorney(s) appearing for the Case

Vincent P. Dacey, of Detroit, Mich., for appellants.

H. T. Ellerby, of Detroit, Mich., for appellee.

Irving J. Levy and Bessie Margolin, of Washington, D. C., Charles A. Reynard, of Cleveland, Ohio, Morton Liftin, of Washington, D. C., George L. Clarke, of Baltimore, Md., and Frederick U. Reel, of Washington, D. C., for Administrator of Wage and Hour Division, United States Department of Labor, amicus curiae.

Before SIMONS, MARTIN and McALLISTER, Circuit Judges.


SIMONS, Circuit Judge.

In this case involving the coverage of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. are 80 plaintiffs, suing for extra compensation, all employees of a chain grocery operating in Detroit, Michigan, and vicinity, 70 of them drivers of delivery trucks, 3 mechanics servicing such trucks, and 2 painters. But one witness, a truck driver, was sworn for the plaintiffs, and upon inquiry as to...

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