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MAITREJEAN v. METCALFE CONSTRUCTION CO.

No. 13499.

165 F.2d 571 (1948)

MAITREJEAN v. METCALFE CONSTRUCTION CO. et al.

Circuit Court of Appeals, Eighth Circuit.

January 12, 1948.

Attorney(s) appearing for the Case

Lewis L. Anderson, of St. Paul, Minn., for appellant.

William Mitchell, of St. Paul, Minn. (Pierce Butler, Edgar G. Vaughan and Doherty, Rumble, Butler & Mitchell, all of St. Paul, Minn., on the brief) for appellees.

William S. Tyson, Sol., Morton Liftin, Acting Asst. Sol., Frederick U. Reel, Atty., and William A. Lowe, Regional Atty., all of Washington, D. C., for Administrator of Wage and Hour Division, U. S. Department of Labor, amicus curiae.

Before GARDNER, WOODROUGH and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

This is an appeal from a judgment dismissing an action for overtime compensation, liquidated damages, attorney's fees, and costs under the provisions of section 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 216(b).

During the time of appellant's employment the appellees were engaged in a joint enterprise under a cost-plus-a-fixed-fee contract with the Government in the construction of various warehouses, barracks...

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