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MILLER v. HOWE SOUND MIN. CO.

Civil Action No. 628.

77 F.Supp. 540 (1948)

MILLER et al. v. HOWE SOUND MIN. CO. (UNITED STATES, Intervener).

District Court, E. D. Washington, N. D.

May 11, 1948.

Attorney(s) appearing for the Case

R. Max Etter, of Spokane, Wash., Leif Erickson, of Helena, Mont., and H. L. Maury and A. G. Shone, both of Butte, Mont., for plaintiffs.

Randall & Danskin, of Spokane, Wash., and Bogle, Bogle & Gates, of Seattle, Wash., for defendant.

Tom C. Clark, Atty. Gen., Peyton Ford, Asst. Atty. Gen., Enoch E. Ellison, Sp. Asst. to Atty. Gen., Johanna M. D'Amico, Atty., Department of Justice, of Washington, D. C., and Harvey Erickson, U. S. Atty., of Spokane, Wash., for the United States.

DRIVER, District Judge.

Plaintiffs brought this action against their common employer to recover overtime pay under the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. §§ 201-219. The complaint was filed on January 20, 1947. The defendant has moved to dismiss the complaint upon a number of grounds, but only one is now under consideration, namely, that the action is barred by paragraphs (a) and (d)...

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