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SWICK v. GLENN L. MARTIN CO.

No. 5569.

160 F.2d 483 (1947)

SWICK v. GLENN L. MARTIN CO.

Circuit Court of Appeals, Fourth Circuit.

March 31, 1947.

Attorney(s) appearing for the Case

Theodore M. Wolkof, of New York City, Abraham Engelman, of Brooklyn, N. Y., and Milton R. Rothstein, of Baltimore, Md., for appellant.

Charles C. G. Evans, of Baltimore, Md. (Marbury, Miller & Evans, of Baltimore, Md., Edward J. Creswell, of Washington, D. C., and Franklin G. Allen, of Baltimore, Md., on the brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

On June 25, 1946 the plaintiff herein sued his employer under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., for overtime compensation in the sum of $2,449.92 earned between March 5, 1941 and June 14, 1942, and for an equal amount as liquidated damages and for attorneys' fees. The employer set up the defenses, amongst others, that the plaintiff was employed in a bona fide executive capacity and was therefore exempt from...

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