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MAGNUSSEN v. OCEAN S. S. CO. OF SAVANNAH

No. 227, Docket 20542.

162 F.2d 77 (1947)

MAGNUSSEN et al. v. OCEAN S. S. CO. OF SAVANNAH et al.

Circuit Court of Appeals, Second Circuit.

June 3, 1947.

Attorney(s) appearing for the Case

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

Davis Polk Wardwell Sunderland & Kiendl, of New York City (William C. Cannon and Matthew V. Stepsis, both of New York City, of counsel), for defendant-appellee.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Plaintiffs are "attendants" on defendant's non-self-propelled lighters used for storage and carriage of cargo within the Port of New York. They brought suit, under § 7 of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 207, for overtime compensation and liquidated damages. Defendant pleaded exemption, under § 13 (b) (2) of the Act, 29 U.S.C.A. § 213(b) (2), which provides that the maximum hour provisions shall not apply...

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