L. HAND, Circuit Judge.
The plaintiff, who represents employees of the defendant, appeals from a judgment dismissing his complaint for failure to state a claim upon which relief can be granted, in an action to recover damages under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The only question is whether the employees were entitled to added overtime upon payments made to them during the years 1940-45, both inclusive, under an "Employee Participation...
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