BENNETT v. V. P. LOFTIS CO.

No. 5707.

167 F.2d 286 (1948)

BENNETT v. V. P. LOFTIS CO.

Circuit Court of Appeals, Fourth Circuit.

April 5, 1948.


Attorney(s) appearing for the Case

Ellis Nassif, of Raleigh, N. C., for appellant.

Frederick U. Reel, Atty. U. S. Department of Labor, of Washington, D. C. (William S. Tyson, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., U. S. Department of Labor, and Beverly R. Worrell, Regional Atty., U. S. Department of Labor, of Birmingham, Ala., on the brief), for Administrator of Wage and Hour Division, United States Department of Labor, amicus curiae.

Charles Ross, of Lillington, N. C., for appellee.

Before PARKER and SOPER, Circuit Judges, and BARKSDALE, District Judge.


BARKSDALE, District Judge.

The plaintiff, D. R. Bennett, an employee, instituted this action in the District Court of the United States for the Eastern District of North Carolina, under the provisions of Section 16(b) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq., to recover of his employer, V. P. Loftis Company, defendant, compensation for overtime alleged to be due him under Section 7 of the Act, and unpaid, together with...

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