KELLY v. FORD, BACON & DAVIS

No. 9211.

162 F.2d 555 (1947)

KELLY v. FORD, BACON & DAVIS, Inc.

Circuit Court of Appeals, Third Circuit.

Decided June 12, 1947.

As Amended July 10, 1947.


Attorney(s) appearing for the Case

Harry R. Kozart, of Philadelphia, Pa., for appellant.

Harry E. Kohn, of Philadelphia, Pa., for appellee.

Frederick U. Reel, of Washington, D. C., amicus curiæ.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and MURPHY, District Judge.


McLAUGHLIN, Circuit Judge.

This is an appeal from a judgment in the District Court in favor of the defendant employer in an action brought under Section 16 (b) of the Fair Labor Standards Act of 19381 by the plaintiff employee to recover overtime compensation allegedly due by virtue of Section 7 of the Act. The Administrator of the Wages and Hours Division as amicus curiæ filed a brief and...

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