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DARR v. MUTUAL LIFE INS. CO.

No. 287, Docket 21011.

169 F.2d 262 (1948)

DARR et al. v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals. Second Circuit.

Writ of Certiorari Denied November 22, 1948.

Attorney(s) appearing for the Case

Stanley Faulkner, of New York City, for plaintiffs-appellants.

Louis W. Dawson, of New York City (Haughton Bell, Joseph V. Lane, Jr., of New York City, of counsel), for defendant-appellee.

Duberstein & Nimkoff, of New York City (Frederick E. Weinberg, Wilbur Duberstein and Max R. Simon, all of New York City, of counsel), for Frank Asselta, et al., amici curiae.

Tom C. Clark, Atty. Gen., H. G. Morison, Asst. Atty. Gen., George L. Grobe, U. S. Atty., of Buffalo, N. Y., John F. X. McGohey, U. S. Atty., of New York City, Enoch E. Ellison, Sp. Asst. to the Atty. Gen., and Johanna M. D'Amico, Atty., Department of Justice, of Washington, D. C., for United States as Intervenor.

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

Writ of Certiorari Denied November 22, 1948. See 69 S.Ct. 166.

CHASE, Circuit Judge.

This is an appeal by the plaintiffs from a judgment of the District Court for the Southern District of New York in a suit for overtime wages and liquidated damages, together with reasonable attorney's fees, pursuant to section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. § 216(b). It presents two principal questions for decision. The first is whether that Act, 52...

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