E. C. SCHROEDER CO. v. CLIFTON

Nos. 3176, 3178.

153 F.2d 385 (1946)

E. C. SCHROEDER CO., Inc., v. CLIFTON et al. CLIFTON et al. v. E. C. SCHROEDER CO., Inc.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 27, 1946.


Attorney(s) appearing for the Case

Reuel W. Little, of Madill, Okl. (Jack H. Smith and Little & Smith, all of Madill, Okl., on the brief), for appellant and cross-appellee.

Louis A. Fischl, of Ardmore, Okl. (Thos. W. Champion, of Ardmore, Okl., on the brief), for appellees and cross-appellants.

Faye Blackburn, Atty., U. S. Department of Labor, of Washington, D. C. (William S. Tyson, Acting Solicitor, and Bessie Margolin, Assistant Solicitor, both of Washington, D. C., Earl Street, Regional Atty., of Dallas, Tex., and Joseph M. Stone, Atty., U. S. Department of Labor, of Washington, D. C., on the brief), for Administrator of Wage and Hour Division, U. S. Department of Labor, as amicus curiae.

Charles A. Horsky, of Washington, D. C. (Amy Ruth Mahin and Covington, Burling, Rublee, Acheson & Shorb, all of Washington, D. C., on the brief), for National Sand & Gravel Ass'n, as amicus curiae.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.


BRATTON, Circuit Judge.

M. L. Clifton, for himself and as agent for others, instituted this action against E. C. Schroeder Company to recover overtime compensation, liquidated damages, and attorney's fees pursuant to section 16(b) of the Fair Labor Standards Act, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq. The overtime was (1) that of employees engaged at the quarry in mining, producing, and processing stone used for gravel cushion and riprap in the construction...

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