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SMITH v. PORTER

No. 12808.

143 F.2d 292 (1944)

SMITH et al. v. PORTER et al.

Circuit Court of Appeals, Eighth Circuit.

June 20, 1944.

Attorney(s) appearing for the Case

J. W. Dickey, of Pine Bluff, Ark. (A. H. Rowell, of Pine Bluff, Ark., and Baucum Pulkerson and A. F. House, both of Little Rock, Ark., on the brief), for appellants.

S. Lasker Ehrman, of Little Rock, Ark. (Owens, Ehrman & McHaney, of Little Rock, Ark., on the brief), for appellees.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

The appellants brought this suit against the appellees to recover overtime compensation provided by the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. Appellees defended on the grounds: (1) that appellants were not engaged in commerce or in the production of goods for commerce, and (2) conceding that they were so engaged, that appellants were not entitled to recover because employed by appellees in a bona fide executive capacity...

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