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MUSTEEN v. JOHNSON

No. 12222.

133 F.2d 106 (1943)

MUSTEEN et al. v. JOHNSON et al.

Circuit Court of Appeals, Eighth Circuit.

February 5, 1943.

Attorney(s) appearing for the Case

Warner W. Gardner, Sol., U. S. Department of Labor, and Mortimer B. Wolf, Asst. Sol., U. S. Department of Labor, both of Washington, D. C., Llewellyn B. Duke, Regional Atty., U. S. Department of Labor, of Dallas, Tex., and Irwin S. Mason, Atty., U. S. Department of Labor, of Washington, D. C., for Administrator of Wage and Hour Division, U. S. Department of Labor, amicus curiae.

Before STONE, SANBORN, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

This appeal is from a judgment dismissing the complaint of the plaintiffs (appellants) in an action brought by them, under § 16(b) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 1069, 29 U.S. C.A. § 216(b), to recover unpaid overtime compensation alleged to be due them from the defendants (appellees) by virtue of § 7 of the Act, 52 Stat. 1063, 29 U.S.C.A. § 207, together with an equal amount as liquidated damages...

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