WATKINS v. HUDSON COAL CO.

No. 8651.

151 F.2d 311 (1945)

WATKINS et al. v. HUDSON COAL CO.

Circuit Court of Appeals, Third Circuit.

Decided September 5, 1945.

Rehearing Denied October 2, 1945.


Attorney(s) appearing for the Case

James G. McDonough and Stanley F. Coar, both of Scranton, Pa. (J. Frank Connolly, of Scranton, Pa., on the brief), for appellants.

George Szabad, of Washington, D. C. (Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Ernest N. Votaw, Regional Atty., of Philadelphia, Pa., and Harry M. Leet, Atty., United States Department of Labor, of Washington, D. C., on the brief), for Wage and Hour Division, amicus curiae.

R. S. Houck, of Scranton, Pa. (Francis D. Mahon, of Scranton, Pa., and Thomas L. Ennis, of New York City, on the brief), for appellee.

Before GOODRICH and McALLISTER, Circuit Judges, and GIBSON, District Judge.


GOODRICH, Circuit Judge.

This is a civil action based on the "Fair Labor Standards Act of 1938",1 to recover unpaid overtime wages claimed under § 7 (a)2 and liquidated damages, reasonable attorney's fee and court costs claimed under § 16(b).3 Defendant is the owner and operator of certain coal mines in Pennsylvania in and around which plaintiffs are employed. That these...

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