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SENECA COAL & COKE CO. v. LOFTON

No. 2642.

136 F.2d 359 (1943)

SENECA COAL & COKE CO. v. LOFTON.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied July 8, 1943.

Attorney(s) appearing for the Case

Hunter L. Johnson, of Tulsa, Okl., and Karl H. Mueller, of Ft. Worth, Tex., for appellant.

W. L. Shirey, of Tulsa, Okl. (Ned Warren, of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The appellee sought and obtained a judgment against his former employer for overtime compensation, liquidated damages, and attorney's fee under the provisions of the Fair Labor Standards Act of 1938. 52 Stat. 1060-1069, 29 U.S.C.A. 201-219. The principal questions presented by this appeal are (1) whether an employment contract, which expressly provides a fixed monthly compensation for a given number of work hours, but which does not expressly...

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