TOWNSEND v. NEW YORK CENT. R. CO.

No. 8177.

141 F.2d 483 (1944)

TOWNSEND et al. v. NEW YORK CENT. R. CO. et al.

Circuit Court of Appeals, Seventh Circuit.

March 16, 1944.


Attorney(s) appearing for the Case

Leon M. Despres and M. J. Myer, both of Chicago, Ill., for appellant.

M. L. Bluhm, Edwin Eckersall, and Sidney C. Murray, all of Chicago, Ill., Clive C. Handy, of New York City, and Harold E. Chistensen, J. R. Barse, Samuel Kassel, Theodore Schmidt, Vernon W. Foster, Chas. A. Helsell, Joseph H. Wright, Wm. T. Faricy, Nelson J. Wilcox, Lowell Hastings, William J. Milroy, Bruce E. Dwinell, and Milton V. Thompson, all of Chicago, Ill., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.


MAJOR, Circuit Judge.

This is an appeal by plaintiffs from an adverse judgment in a suit to recover minimum wages required by the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. There are 1,091 plaintiffs, all of whom are employed as red caps by the eight railroad defendants. The case was tried to a court without a jury, upon stipulations of fact as well as documentary and oral testimony.

As had long been the custom, plaintiffs, prior to October 24...

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