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SCHWARZ v. WITWER GROCER CO.

No. 12687.

141 F.2d 341 (1944)

SCHWARZ v. WITWER GROCER CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 30, 1944.

Attorney(s) appearing for the Case

John D. Randall, of Cedar Rapids, Iowa (W. L. Fahey, of Cedar Rapids, Iowa, on the brief), for appellant.

Stewart Holmes, of Cedar Rapids, Iowa, for appellee.

Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Reid Williams, Regional Atty., of Kansas City, Mo., and Morton Liftin and Frederick U. Reel, Attys., United States Department of Labor, both of Washington, D. C., for Administration of Wage and Hour Division, as amicus curiae.

Before THOMAS and JOHNSEN, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

Plaintiff, appellant here, brought suit in the district court under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., in his own behalf and as agent for two others to recover from defendant, appellee here, claimed minimum wages and overtime pay. Defendant's answer denied that plaintiff and his fellow-workmen were entitled under the facts of their employment to the benefits of the Act. The case was tried to the court. Judgment was...

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