NEW MEXICO PUBLIC SERVICE CO. v. ENGEL

No. 2933.

145 F.2d 636 (1944)

NEW MEXICO PUBLIC SERVICE CO. v. ENGEL.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 5, 1944.


Attorney(s) appearing for the Case

A. K. Montgomery, of Santa Fe, N. M., for appellant.

Melvin D. Rueckhaus, of Albuquerque, N. M. (Arthur Livingston and Louis Rubenstein, both of Santa Fe, N. M., and Harry D. Robins, of Albuquerque, N. M., on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

George Engel brought this suit against his employer, New Mexico Public Service Company, to recover overtime compensation, liquidated damages, and attorney's fee, as provided by Sections 6, 7 and 16(b) of the Fair Labor Standards Act of 1938, 52 Stat. 1060-1069, 29 U.S.C.A. §§ 201-209. The employer denied liability, contending that the employee was not within the coverage of the Act because not "engaged in commerce or in the production...

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