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SMITH v. CUDAHY PACKING CO.

Civil Action No. 935.

73 F.Supp. 141 (1947)

SMITH v. CUDAHY PACKING CO.

District Court, D. Minnesota, Third Division.

September 15, 1947.

Attorney(s) appearing for the Case

George W. Colburn, of Minneapolis, Minn., and John Edmund Burke, of St. Paul, Minn., for plaintiff.

Loring M. Staples and John S. Pillsbury, both of Minneapolis, Minn., for defendant.

William S. Tyson, Sol., and Jeter S. Ray, Associate Sol., U. S. Department of Labor, both of Washington, D. C., and James M. Miller, Regional Atty., and Richard R. Converse, Atty., of that Department, both of Minneapolis, Minn., for Administrator of the Wage and Hour Division. amicus curiae.

DONOVAN, District Judge.

Plaintiff, individually, and as agent and representative of other employees, commenced suit on October 19, 1945, to recover overtime compensation, liquidated damages and attorneys' fees from defendant, pursuant to the Fair Labor Standards Act of 2938, § 1 et seq., 29 U.S.C.A. § 201 et seq., hereinafter referred to as the Act.

Following motions by defendant (Smith v. Cudahy Packing Co., 5 F.R.D. 298), all unnamed employees...

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