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STANGER v. VOCAFILM CORPORATION

No. 19.

151 F.2d 894 (1945)

STANGER et al. v. VOCAFILM CORPORATION.

Circuit Court of Appeals, Second Circuit.

November 15, 1945.

Attorney(s) appearing for the Case

W. Randolph Montgomery, of New York City (Gerdes & Montgomery, of New York City, on the brief), for defendant-appellant.

Bernard Budnick, of New York City, for plaintiffs-appellees.

William S. Tyson, Acting Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Irving Rozen, Regional Atty., of New York City, and Faye Blackburn and David O. Walter, Attys., U. S. Dept. of Labor, both of Washington, D. C., for the Administrator of the Wage and Hour Div., U. S. Dept. of Labor, as amicus curiae.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This appeal from an award by the District Court of unpaid overtime compensation, liquidated damages, and attorneys' fees to employees of the Vocafilm Corp. brings up the single issue whether plaintiffs are employed in a bona fide "professional" capacity, within the exemption stated in § 13(a) (1) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 213(a) (1), as defined by the regulations of the Wage and Hour Administrator.

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