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FOX v. SUMMIT KING MINES

No. 10526.

143 F.2d 926 (1944)

FOX et al. v. SUMMIT KING MINES, LIMITED.

Circuit Court of Appeals, Ninth Circuit.

June 27, 1944.

Attorney(s) appearing for the Case

Martin J. Scanlan, of Reno, Nev., for appellants.

Thatcher & Woodburn, George B. Thatcher, Wm. Woodburn, and Wm. J. Forman, all of Reno, Nev., for appellee.

Douglas B. Maggs, Sol., Wage and Hour Division, U. S. Dept. of Labor, Bessie Margolin, Asst. Sol., Morton Liftin and Frederick U. Reel, all of Washington, D. C., and Dorothy Williams, of San Francisco, Cal., for Administrator of Wage and Hour Division, U. S. Dept. of Labor, amici curiæ.

Before WILBUR, GARRECHT, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

This action was instituted by eleven former employees of the Summit King Mines, Limited, a Nevada corporation (appellee herein), to recover unpaid overtime compensation allegedly due them under the provisions of the Fair Labor Standards Act of 1938, Title 29 U.S.C.A. §§ 201-219, 52 Stat. 1060 (hereinafter referred to as the Act), together with liquidated damages, attorneys fees and costs as provided in the Act.

Appellee denies...

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