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JOSEPH v. RAY

No. 2723.

139 F.2d 409 (1943)

JOSEPH v. RAY.

Circuit Court of Appeals, Tenth Circuit.

December 24, 1943.

Attorney(s) appearing for the Case

Floyd L. Rheam, of Tulsa, Okl. (Valjean Biddison, of Tulsa, Okl., on the brief), for appellant.

W. L. Shirey, of Tulsa, Okl., for appellee.

Morton Liftin, of Washington, D. C. (Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Llewellyn B. Duke, Regional Atty., of Dallas, Tex., and H. Michele Olsson, Atty., of Washington, D. C., United States Department of Labor, on the brief), amicus curiae.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Elmer Ray brought this suit against his employer, Jim Joseph, to recover overtime compensation, liquidated damages, and attorney's fee, as provided by Sections 6, 7, and 16(b) of the Fair Labor Standards Act of 1938, 52 Stat. 1060-1069, 29 U.S.C.A. 201-219. The employer denied liability under the Act, contending that the employee was employed in a "bona fide executive * * * capacity" within the meaning of Sections 13 (a) (1), and was therefore...

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