MOORE v. J. A. JONES CONST. CO.

No. 11915.

163 F.2d 1014 (1947)

MOORE et al. v. J. A. JONES CONST. CO.

Circuit Court of Appeals, Fifth Circuit.

November 4, 1947.


Attorney(s) appearing for the Case

E. C. Boswell, of Panama City, Fla., for appellants.

Thomas Sale and Walter G. Cornett, both of Panama City, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


PER CURIAM.

The suit, brought under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., was for unpaid overtime and other compensation. The district judge, of the opinion that, under L. P. Phillips, et al. v. Graham Aviation Company, 5 Cir., 157 F.2d 443, appellants' complaint did not state a case for recovery, sustained defendant's motion to dismiss and dismissed the complaint. Plaintiffs' suit alleged that the...

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