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SHEPLER v. CRUCIBLE FUEL CO.

No. 8297.

140 F.2d 371 (1944)

SHEPLER v. CRUCIBLE FUEL CO.

Circuit Court of Appeals, Third Circuit.

Decided September 22, 1943.

Re-Argued January 3, 1944.

Decided February 23, 1944.

Attorney(s) appearing for the Case

Hymen Schlesinger, of Pittsburgh, Pa., for appellants.

John C. Bane, Jr., of Pittsburgh, Pa. (Nicholas Unkovic and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., on the brief), for appellee.

Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Ernest N. Votaw, Regional Atty., of Philadelphia, Pa., and Morton Liftin and Frederick U. Reel, Attys., United States Department of Labor, both of Washington, D. C., for Administrator of Wage and Hour Division, U. S. Department of Labor, amicus curiae.

Before JONES and McLAUGHLIN, Circuit Judges and KIRKPATRICK, District Judge.

KIRKPATRICK, District Judge.

This was an action brought by the plaintiff Shepler for himself and on behalf of the plaintiff Rice for an amount claimed as compensation for overtime under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The plaintiffs were watchmen over the appellee's barge and steamboat landing on the Ohio River, each working 12 hours a day with an hour off for lunch. Their employment began...

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