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MARKERT v. SWIFT & CO.

No. 22, Docket 21677.

187 F.2d 104 (1951)

MARKERT et al. v. SWIFT & CO., Inc., et al.

United States Court of Appeals Second Circuit.

Decided February 9, 1951.

Attorney(s) appearing for the Case

David Friedman, New York City, for appellants. Bernard A. Finkel, New York City, of counsel.

White & Case, New York City, for appellee. Thomas Kiernan and David Hartfield, Jr., New York City, of counsel.

Before L. HAND, Chief Judge, and SWAN and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is an action brought by employees against their employers to recover unpaid overtime compensation pursuant to the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The suit was commenced on January 16, 1947. Orders dismissing the complaint and refusing leave to amend were reversed by this court in March 1949,1 and thereafter an amended...

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