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SPENCER v. PORTER

No. 13683.

174 F.2d 731 (1949)

SPENCER et al. v. PORTER et al.

United States Court of Appeals Eighth Circuit.

April 19, 1949.

Attorney(s) appearing for the Case

Edward H. Coulter, of Little Rock, Ark. (Ben D. Rowland, of Little Rock, Ark. on the brief), for appellants.

E. L. McHaney, Jr., of Little Rock, Ark. (Grover T. Owens and Owens, Ehrman & McHaney, all of Little Rock, Ark., on the brief), for appellees.

The Wage and Hour Division, Department of Labor, filed brief as amicus curiae.

Before SANBORN, THOMAS and RIDDICK, Circuit Judges.

PER CURIAM.

This is an action to recover overtime compensation, under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219. The appellants were, in 1942, employees of the appellees, who, under a cost-plus-a-fixed-fee contract with the United States, built the Pine Bluff Arsenal, in Arkansas, for the production of munitions of war. The appellees moved for summary judgment on the ground that the appellants were not engaged in commerce and were, therefore...

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