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NOONAN v. FRUCO CONST. CO.

No. 12637.

140 F.2d 633 (1943)

NOONAN et al. v. FRUCO CONST. CO.

Circuit Court of Appeals, Eighth Circuit.

December 13, 1943.

Attorney(s) appearing for the Case

William Kohn, of St. Louis, Mo. (Patrick A. Lavin, of St. Louis, Mo., on the brief), for appellants.

Major Bert E. Church, of Kansas City, Mo. (Philip C. Wise and Alroy S. Phillips, both of St. Louis, Mo., and Colonel Frank E. Shaw, of Omaha, Neb., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

This is an appeal from an order dismissing an action by employees of the Fruco Construction Company against their employer for overtime pay alleged to be due them under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.

Under Section 7 of the Fair Labor Standards Act, any employer must pay overtime compensation to any of his employees "engaged in * * * the production of...

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