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KNUDSEN v. LEE & SIMMONS

No. 222, Docket 20540.

163 F.2d 95 (1947)

KNUDSEN et al. v. LEE & SIMMONS, Inc.

Circuit Court of Appeals, Second Circuit.

July 21, 1947.

Attorney(s) appearing for the Case

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

Hagen & Eidenbach, of New York City (Charles W. Hagen and Henry C. Eidenbach, both of New York City, of counsel), for defendant-appellant.

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiffs brought this action to recover compensation for overtime and liquidated damages under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. From a judgment rendered in their favor against Lee & Simmons, Inc., their employer, the latter has appealed on the ground that they were "seamen" and as such of a class of employees exempt from the application of the Act.

Sections 206 and 207 of 29 U.S.C.A. prescribe...

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