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BOGASH v. BALTIMORE CIGARETTE SERVICE

No. 6325.

193 F.2d 291 (1951)

BOGASH et al. v. BALTIMORE CIGARETTE SERVICE, Inc.

United States Court of Appeals Fourth Circuit.

Decided December 17, 1951.

Attorney(s) appearing for the Case

Ellis Peregoff, Baltimore, Md. (Gilbert I. Friedel, Baltimore, Md., on brief), for appellants.

Bessie Margolin, Asst. Solicitor, Washington, D. C. (William S. Tyson, Solicitor, William A. Lowe, Washington, D. C., and Sylvia S. Ellison, Washington, D. C., and Ernest N. Votaw, Regional Atty., United States Department of Labor, Philadelphia, Pa., on brief), for the Secretary of Labor as amicus curiae.

Robert F. Skutch, Jr., and Leroy W. Preston, Baltimore, Md. (J. C. Merriman and Weinberg & Green, all of Baltimore, Md., on brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and MOORE, District Judge.

SOPER, Circuit Judge.

This suit was brought by Murray Bogash, Jack Frank and Jules Finkel to recover from the Baltimore Cigarette Service, Inc., a Maryland corporation, unpaid overtime compensation for the period between July, 1947 and July 5, 1950 and liquidated damages which they claimed to be due under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201, &c. The company defended on the ground, among others, that the business was a retail...

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