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ALLEN v. ATLANTIC CO.

No. 10817.

145 F.2d 761 (1944)

ALLEN v. ATLANTIC CO.

Circuit Court of Appeals, Fifth Circuit.

November 16, 1944.

Attorney(s) appearing for the Case

Cubbedge Snow, of Macon, Ga., and Young H. Fraser, of Atlanta, Ga., for appellant.

A. O. B. Sparks and Charles M. Cork, both of Macon, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Plaintiff, night operating engineer for many years at the defendant's Macon plant, brought this suit for overtime claimed to be due him under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. At the conclusion of all the evidence, the District Judge directed a verdict for the defendant on the ground that the act did not apply to plaintiff because within the meaning of Sec. 13(a)1 of the Fair...

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