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WALTON v. SOUTHERN PACKAGE CORP.

No. 159.

320 U.S. 540 (1944)

WALTON, ADMINISTRATRIX, v. SOUTHERN PACKAGE CORPORATION.

Supreme Court of United States.

Decided January 3, 1944.

Attorney(s) appearing for the Case

Mr. Chas. F. Engle submitted for petitioner.

Mrs. Elizabeth Hulen, with whom Messrs. William H. Watkins and P.H. Eager, Jr. were on the brief, for respondent.

By special leave of Court, Mr. Robert L. Stern, with whom Solicitor General Fahy, Messrs. Douglas B. Maggs, Irving J. Levy, and Joseph I. Nachman, and Miss Bessie Margolin were on the brief, for the Administrator of the Wage and Hour Division, U.S. Department of Labor, as amicus curiae, urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

This is a suit brought against the respondent by an employee, Fred Walton, in a Mississippi state court to recover overtime compensation and liquidated damages as authorized by § 16 (b) of the Fair Labor Standards Act of 1938.1 Walton died before the case was tried and the suit was revived by his administratrix, the petitioner here. A judgment for the petitioner rendered by the...

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