HARRINGTON v. EMPIRE CONST. CO.

No. 5704.

167 F.2d 389 (1948)

HARRINGTON v. EMPIRE CONST. CO.

Circuit Court of Appeals, Fourth Circuit.

April 1, 1948.


Attorney(s) appearing for the Case

Jacob Blum, of Baltimore, Md., for appellant.

Harry J. Dingle, of Baltimore, Md., for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

This action was brought in the District Court under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., to recover overtime pay and liquidated damages. From a judgment in his favor in the amount of $1226.57, the plaintiff appeals on the ground that it is inadequate.

The principal issue with respect to the merits of the case is whether the plaintiff was employed on the basis of a 40-hour week, a 48-hour week, or a fluctuating...

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