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SELBY v. J. A. JONES CONST. CO.

No. 10788.

175 F.2d 143 (1949)

SELBY et al. v. J. A. JONES CONST. CO.

United States Court of Appeals Sixth Circuit.

May 27, 1949.

Attorney(s) appearing for the Case

Wilson, Branch & Smith and John E. Branch, Atlanta, Ga., Anderson & Snepp and Charles D. Snepp, Knoxville, Tenn., for appellants.

R. R. Kramer, Knoxville, Tenn. (Kramer, McNabb & Greenwood and Porter C. Greenwood, Knoxville, Tenn., on the brief), for appellee.

William S. Tyson, Solicitor of Labor, Bessie Margolin, Assistant Solicitor, William A. Lowe, E. Gerald Lamboley, Washington, D. C., and Beverly R. Worrell, Regional Attorney, Birmingham, Ala., on the brief, amicus curiae.

Before HICKS, Chief Judge, SIMONS and ALLEN, Circuit Judges.

HICKS, Chief Judge.

R. C. Selby and numerous other plaintiffs brought suit in the District Court under Sec. 16(b) of the Fair Labor Standards Act of 1938, Ch. 676, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq., as employees of appellee, J. A. Jones Construction Company, to recover overtime compensation, liquidated damages, attorneys' fees and costs. The court dismissed the action upon the pleadings and a stipulation of facts; hence this appeal.

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