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COOPER v. RUST ENGINEERING CO.

No. 11015.

181 F.2d 107 (1950)

COOPER et al. v. RUST ENGINEERING CO.

United States Court of Appeals Sixth Circuit.

April 21, 1950.

Attorney(s) appearing for the Case

James G. Wheeler, Paducah, Ky., and Wheeler & Marshall, Paducah, Ky., for appellants.

E. Palmer James, Paducah, Ky., for appellee.

William S. Tyson, Solicitor, Bessie Margolin, Assistant Solicitor, William A. Lowe and Helen Grundstein, Attorneys, U. S. Department of Labor, all of Washington, D. C., Aaron A. Caghan, Regional Attorney, Cleveland, Ohio, for Administrator of Wage and Hour Division, U. S. Department of Labor, amicus curiae.

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

PER CURIAM.

The United States District Court for the Western District of Kentucky dismissed actions brought by numerous employees against the appellee contractor, which constructed an ordnance plant for the United States Government under a cost plus contract, to recover overtime pay alleged to be due the employees under the Fair Labor Standards Act of 1938, as amended, Title 29 U.S.C.A. §§ 201 to 219.

All work performed by appellants was during World...

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