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JOHNSON v. BUTLER BROS.

No. 13490.

162 F.2d 87 (1947)

JOHNSON v. BUTLER BROS.

Circuit Court of Appeals, Eighth Circuit.

June 11, 1947.

Attorney(s) appearing for the Case

C. A. Ryan, of Brainerd, Minn. (Ryan, Ryan & Ryan, of Brainerd, Minn., on the brief), for appellant.

Edgar G. Vaughan, of St. Paul, Minn. (Pierce Butler and Doherty, Rumble, Butler & Mitchell, all of St. Paul, Minn., on the brief), for appellee.

William S. Tyson, Sol., U. S. Department of Labor, and Bessie Margolin, Asst. Sol., both of Washington, D. C., James M. Miller, Regional Atty., of Minneapolis, Minn., and Morton Liftin and Eugene Green, Attys., U. S. Department of Labor, both of Washington, D. C., for Administrator of the Wage and Hour Division, United States Department of Labor, as amicus curiae.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

The plaintiff (appellant) brought this action under § 16(b) of the Fair Labor Standards Act of 1938, 52 Stat. 1069, 29 U.S.C.A. § 216(b), in the District Court of Crow Wing County, Minnesota, to recover from the defendant (appellee) $385.26 of overtime compensation, together with liquidated damages and attorneys' fees. The defendant filed a petition for removal of the case to the United States...

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