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E. H. CLARKE LUMBER CO. v. KURTH

No. 11048.

152 F.2d 914 (1945)

E. H. CLARKE LUMBER CO. v. KURTH. KURTH v. E. H. CLARKE LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 4, 1946.

Attorney(s) appearing for the Case

R. N. Kavanaugh, Hugh L. Biggs, David L. Davies, and R. R. Morris, all of Portland, Or. (Hart, Spencer, McCulloch & Rockwood and Hampson, Koerner, Young & Swett, all of Portland, Or., of counsel), for appellant E. H. Clarke Lumber Co.

Carl D. Etling and Bruce Cameron, both of Portland, Or., for appellant P. N. Kurth.

William S. Tyson, Acting Sol., Wage & Hour Div., Bessie Margolin, Asst. Sol., and David Lichtenstein, Atty., all of Washington, D. C., and Dorothy M. Williams, Regional Atty., Wage & Hour Div., of San Francisco, Cal., for Administrator of Wage and Hour Division, U. S. Dept. of Labor, as amicus curiae.

Before DENMAN, BONE, and ORR, Circuit Judges.

PER CURIAM.

The E. H. Clarke Lumber Company appeals from a decision of the district court awarding P. N. Kurth overtime wages, liquidated damages and attorney's fees under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. Kurth cross-appeals from the judgment's award of attorney's fees, claiming they were not adequate for the services rendered.

The Clarke Lumber Company's Appeal.

The lumber company claims that the following statute...

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