ANDERSON v. MANHATTAN LIGHTERAGE CORPORATION

No. 268.

148 F.2d 971 (1945)

ANDERSON et al. v. MANHATTAN LIGHTERAGE CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 16, 1945.


Attorney(s) appearing for the Case

Abraham M. Fisch, of New York City, for plaintiffs-appellants.

Chauncey I. Clark, of New York City (Burlingham, Veeder, Clark & Hupper and Herbert M. Lord, all of New York City, on the brief), for defendant-appellee.

Douglas B. Maggs, Sol., and Archibald Cox, Associate Sol., both of Washington, D. C., Irving Rozen, Regional Atty., of New York City, and Edward D. Friedman, Atty., U. S. Dept. of Labor, of Washington, D. C., for the Administrator of the Wage and Hour Division, U. S. Dept. of Labor, amicus curiae.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

This appeal from summary judgments for defendant in actions for overtime compensation and liquidated damages under § 16 of the Fair Labor Standards Act, 29 U. S.C.A. § 216, raises the question whether plaintiffs, as "captains" of lighters transferring cargo in New York Harbor, come within the exemption from the statutory provisions for overtime payment of "any employee employed as a seaman," § 13(a) (3), 29 U.S.C.A. § 213...

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