No. 256.

50 F.Supp. 907 (1943)

SHAIN et al. v. ARMOUR & CO.

District Court, W. D. Kentucky, at Louisville.

June 17, 1943.

Attorney(s) appearing for the Case

J. Paul Keith, Jr., and Jones, Keith & Jones, all of Louisville, Ky., for plaintiffs.

R. Lee Blackwell and Bullitt & Middleton, all of Louisville, Ky., for defendant.

Irving J. Levy, of Washington, D. C., Jeter S. Ray, of Nashville, Tenn., John L. Young, of Versailles, Ky., Leonard E. Ladd, of Nashville, Tenn., and Hugh McCloskey, of New Orleans, La., for United States Department of Labor, amicus curiae.

MILLER, District Judge.

The plaintiff, Alfred C. Shain, brought this action on behalf of himself as an employee of the defendant, Armour & Company, and on behalf of approximately 57 other employees of the defendant to recover for the "time and a half" benefits of Section 7(a) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201 through 219. Following a pre-trial conference, the Court was asked to rule on the applicability of the Act to the plaintiffs...


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