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McCARTHY v. WRIGHT & COBB LIGHTERAGE CO.

No. 21, Docket 20528.

163 F.2d 92 (1947)

McCARTHY v. WRIGHT & COBB LIGHTERAGE CO.

Circuit Court of Appeals, Second Circuit.

July 21, 1947.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan and Thomas A. McDonald, both of New York City, of counsel), for defendant-appellant.

Abraham M. Fisch, of New York City, for plaintiff-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

During the years 1942, 1943, 1944, 1945 and 1946, the plaintiff, McCarthy worked as a bargee in the employ of the defendant-company — hereinafter designated as Wright & Cobb. He was employed pursuant to a contract between Wright & Cobb and the Lighter Captains' Union, Local 996. The contract provided that the working hours of the day were to be from 8 A. M. to 5 P.M. and that the minimum wage on covered barges and lighters...

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