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FANELLI v. UNITED STATES GYPSUM CO.

No. 245.

141 F.2d 216 (1944)

FANELLI v. UNITED STATES GYPSUM CO.

Circuit Court of Appeals, Second Circuit.

February 17, 1944.

Attorney(s) appearing for the Case

Cravath, De Gersdorff, Swaine & Wood, of New York City (Scott, MacLeish & Falk and Charles M. Price, all of Chicago, Ill., and George S. Collins, of New York City, of counsel), for appellant.

Meyer Lindenbaum, of New York City (Samuel Mezansky, of New York City, of counsel), for appellee.

Douglas B. Maggs, Sol., Bessie Margolin, Asst. Sol., John K. Carroll, Regional Atty., Peter Seitz and Flora G. Chudson, for United States Department of Labor, all of Washington, D. C., amicus curiae.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. A month after his discharge, plaintiff made a one-sheet memorandum which, he testified, set forth the details of his overtime work from the beginning of his employment to the date of that discharge, a period of about five months. Over defendant's objection, the trial judge permitted plaintiff, when testifying, to use this memorandum to refresh his recollection. Defendant, asserting error, relies on Putnam v. United States, 162...

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