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GUESS v. MONTAGUE

No. 5089.

140 F.2d 500 (1943)

GUESS et al. v. MONTAGUE.

Circuit Court of Appeals, Fourth Circuit.

September 16, 1943.

Attorney(s) appearing for the Case

W. K. Charles, of Greenwood, S. C. (L. D. Jennings, of Sumter, S. C., on the brief), for appellants.

John D. Lee, of Sumter, S. C. (Lee & Moise, of Sumter, S. C., on the brief), for appellee.

Frederick U. Reel, Atty., U. S. Department of Labor, of Washington, D. C. (Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., George A. Downing, Regional Atty., of Atlanta, Ga., and Morton Liftin, Atty., U. S. Department of Labor, of Washington, D. C., on the brief), for Administrator of Wage and Hour Division, U. S. Department of Labor, as amicus curiae.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a judgment for defendant in an action instituted to recover unpaid minimum wages, overtime compensation, etc., under section 16(b) of the Fair Labor Standards Act, 52 Stat. 1069, 29 U.S. C.A. § 216(b). The trial court directed a verdict for the defendant on the ground that he was operating a service establishment the greater part of whose selling or servicing was in intrastate...

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