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FRED WOLFERMAN INC. v. GUSTAFSON

No. 13662.

169 F.2d 759 (1948)

FRED WOLFERMAN, Inc., v. GUSTAFSON et al.

Circuit Court of Appeals Eighth Circuit.

Rehearing Denied September 21, 1948.

Attorney(s) appearing for the Case

Robert B. Caldwell and Blatchford Downing, both of Kansas City, Mo. (John W. Oliver and Caldwell, Downing, Noble & Garrity, all of Kansas City, Mo., on the brief), for appellant.

Henry A. Riederer, of Kansas City, Mo. (Fred J. Freel, of Kansas City, Mo., on the brief), for appellees.

William S. Tyson, Sol., Bessie Margolin, Asst. Sol., Frederick U. Reel, and Helen Grundstein, Attys., Department of Labor, all of Washington, D. C., and Reid Williams, Regional Atty., Department of Labor, of Kansas City, Mo., for Administrator of the Wage and Hour Division, United States Department of Labor, amicus curiae.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

JOHNSEN, Circuit Judge.

The action is one to recover overtime compensation, liquidated damages and attorney's fees, under section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. § 216(b), for services rendered during the years 1940 to 1945 inclusive. The trial court gave judgment for the employees, and the employer has appealed.

The employees involved worked in a candy kitchen, located in part of the seven-story building in downtown Kansas City, Missouri...

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