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DIVINS v. HAZELTINE ELECTRONICS CORPORATION

No. 205, Docket No. 20506.

163 F.2d 100 (1947)

DIVINS et al. v. HAZELTINE ELECTRONICS CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

June 9, 1947.

Attorney(s) appearing for the Case

Joseph G. Telchin, for appellants.

Cahill, Gordon, Zachry & Reindel, (Mathias F. Correa and William L. Dennis, of counsel), for appellees.

William S. Tyson, Sol., Bessie Margolin, Asst. Sol., John A. Hughes, Regional Atty., Morton Liftin, Helen Grundstein, and Frederick U. Reel, Attys., U. S. Department of Labor, for the Administrator of the Wage and Hour Division, United States Department of Labor, amicus curiae.

Before SWAN, CHASE, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an action brought by the plaintiffs on behalf of themselves and all other similarly situated employees of the defendants to recover overtime compensation, liquidated damages and attorney's fees under the Fair Labor Standards Act of 1938, for services performed between January 1, 1942 and December 31, 1945. Before answering, the defendants moved under Rule 56(b) Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for summary...

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