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DURNIL v. J. E. DUNN CONST. CO.

No. 14060.

186 F.2d 27 (1951)

DURNIL v. J. E. DUNN CONST. CO.

United States Court of Appeals Eighth Circuit.

January 17, 1951.

Attorney(s) appearing for the Case

Henry A. Riederer, Kansas City, Mo. (Wilbur B. Ennis, Kansas City, Mo., on the brief), for appellant.

William B. Teasdale, Kansas City, Mo. (James P. Aylward and George V. Aylward, Kansas City, Mo., on the brief), for appellee.

Bessie Margolin, Asst. Solicitor, United States Department of Labor, Washington, D. C. (William S. Tyson, Solicitor, William A. Lowe and Joseph D. Mladinov, Attorneys, all of Washington, D. C., and Francis M. Cook, Regional Attorney, United States Department of Labor, Kansas City, Mo.), for Secretary of Labor, United States Department of Labor, as amicus curiæ.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the plaintiff from a judgment for the defendant in an action under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219, as amended, to recover for unpaid minimum wages and overtime compensation, and for liquidated damages and attorney's fees.

On May 25, 1946, the defendant entered into a cost-plus-a-fixed-fee contract with the United States for construction at Kansas City, Missouri, of temporary...

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