PENTLAND v. DRAVO CORPORATION

No. 8939.

152 F.2d 851 (1945)

PENTLAND et al. v. DRAVO CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided November 27, 1945.


Attorney(s) appearing for the Case

Austin L. Staley, of Pittsburgh, Pa. (A. E. Kountz, William A. Meyer, and Kountz, Fry, Staley & Meyer, all of Pittsburgh, Pa., on the brief), for appellants.

Francis W. Sullivan, of Philadelphia, Pa., for amicus curiae.

Earl F. Reed, of Pittsburgh, Pa. (Charles F. Uhl, U. S. Atty., John E. Laughlin, Jr., J. Roland Johnston, and Thorp, Bostwick, Reed & Armstrong, all of Pittsburgh, Pa., on the brief), for appellee.

Before ALBERT LEE STEPHENS, GOODRICH, and McLAUGHLIN, Circuit Judges.


GOODRICH, Circuit Judge.

This case presents an interesting question growing out of the language used in § 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 216(b). Certain named plaintiffs brought an action against the defendant to recover unpaid overtime compensation, liquidated damages and counsel fees, as provided in the statute. They said they were members of a class of about five hundred employees (which class was clarified by amendment)...

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