FREED, District Judge.
This court previously, in an action brought under favor of Section 216(b) of Title 29 of U.S.C.A., stated its opinion that:
"An employee not party to the suit, who does not himself intervene in due time in the action, or designate someone else to represent him, cannot be bound by the judgment or have his claim rendered res judicata.
"It clearly follows that judgments may be rendered only in favor of the plaintiffs in this suit...
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