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HOLT v. BARNESVILLE FARMERS ELEVATOR CO.

No. 12860.

145 F.2d 250 (1944)

HOLT et al. v. BARNESVILLE FARMERS ELEVATOR CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 29, 1944.

Attorney(s) appearing for the Case

Leonard Eriksson, of Fergus Falls, Minn. (Owen Thompson, of Fergus Falls, Minn., on the brief), for appellants.

W. E. Rumble, of St. Paul, Minn. (N. B. Hanson, of Barnesville, Minn., Edgar G. Vaughan and Doherty, Rumble, Butler, Sullivan & Mitchell, all of St. Paul, Minn., on the brief), for appellee.

Before GARDNER, THOMAS, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

This is a suit brought by employees of the Barnesville Farmers Elevator Company, a corporation, for overtime wage payments claimed under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The district court held that, because of the exemption contained in § 13(a) (10) of the Act, 29 U.S.C.A. § 213 (a) (10), the employees were not within the protection of the Act.

The appellee elevator company is principally...

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