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RUCKER v. FIRST NAT. BANK OF MIAMI, OKL.

No. 2756.

138 F.2d 699 (1943)

RUCKER et al. v. FIRST NAT. BANK OF MIAMI, OKL.

Circuit Court of Appeals, Tenth Circuit.

October 27, 1943.

Attorney(s) appearing for the Case

Harold E. Rorschach, of Tulsa, Okl. (Jack L. Rorschach, of Vinita, Okl., on the brief), for appellants.

Ray McNaughton, of Miami, Okl. (E. C. Fitzgerald, of Miami, Okl., on the brief), for appellee.

Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Llewellyn B. Duke, Regional Atty., of Dallas, Tex., Morton Liftin and Frederick U. Reel, Attys., United States Department of Labor, both of Washington, D. C., amicus curiae.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Appellants brought this suit against their former employer, The First National Bank of Miami, Oklahoma, to recover unpaid overtime compensation, liquidated damages, and attorney's fee, as provided by the Fair Labor Standards Act of 1938, 52 Stat. 1060-1069, 29 U.S.C.A. §§ 201-219. The trial court held that the employees were not covered by the Act, entered judgment for the employer, and the employees have appealed.

The appellee...

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