RALPH KNIGHT v. MANTEL

No. 12478.

135 F.2d 514 (1943)

RALPH KNIGHT, Inc., v. MANTEL.

Circuit Court of Appeals, Eighth Circuit.

May 7, 1943.


Attorney(s) appearing for the Case

W. Raleigh Gough, of Kansas City, Mo. (Chet D. Vance, of Kansas City, Mo., on the brief), for appellant.

Harry A. Hall, of Kansas City, Mo. (Paul T. White and David H. Bresler, both of Kansas City, Mo., on the brief), for appellee.

Irving J. Levy, Acting Sol. and Bessie Margolin, Asst. Sol., both of Washington, D. C., Kenneth P. Montgomery, Regional Atty., of Kansas City, Mo., and Morton Liftin and H. Michele Olsson, both of Washington, D. C., Attys., for Administrator of Wage and Hour Division, United States Department of Labor, amicus curiae.

Before STONE, WOODROUGH, and JOHNSEN, Circuit Judges.


STONE, Circuit Judge.

This is an appeal from a judgment for overtime and counsel fees under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219. In addition to briefs filed by the parties, the Administrator filed a brief amicus curiae which was answered by appellant.

The broad issue is whether appellee was an "executive" and, as such, exempt from the Act under section 13(a) (1) thereof. The particular issues are as to the validity of one...

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