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BROWN v. DUNBAR & SULLIVAN DREDGING CO.

No. 269, Docket 22008.

189 F.2d 871 (1951)

BROWN et al. v. DUNBAR & SULLIVAN DREDGING CO.

United States Court of Appeals, Second Circuit.

Decided June 8, 1951.

Attorney(s) appearing for the Case

Edward J. Desmond, of Buffalo, N. Y. (Desmond & Drury and John E. Drury, Jr., all of Buffalo, N. Y., on the brief), for plaintiffs.

Sparkman D. Foster, of Detroit, Mich. (Foster, Lutz & Meadows, Detroit, Mich, Hellings, Ulsh, Morey & Stewart, Buffalo, N.Y., Raymond A. Ballard, Detroit, Mich., and William P. Stewart, Buffalo, N. Y., on the brief), for defendant.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Defendant Dunbar & Sullivan Dredging Company appeals from a district court judgment holding it liable under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., to pay William Brown and others overtime wages for work performed during the years 1939 through 1944. Defendant assigns error in the finding that it had not proved its defense of reliance in good faith upon agency rulings, made available to it by the Portal-to-Portal Act...

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