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MACKLIN v. KAISER CO.

No. 12712.

191 F.2d 301 (1951)

MACKLIN et al. v. KAISER CO., Inc.

United States Court of Appeals Ninth Circuit.

September 4, 1951.

Attorney(s) appearing for the Case

Hicks, Davis & Tongue, Thomas H. Tongue, III, and Mowry & Mowry, all of Portland, Or., for appellants.

Gordon Johnson, San Francisco, Cal., Richard Devers, Portland, Or., Dario DeBenedictis, San Francisco, Cal. (Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., Hart, Spencer, McCulloch, Rockwood & Davies, Portland, Or., of counsel), for appellee.

Before MATHEWS, STEPHENS and HEALY, Circuit Judges.

PER CURIAM.

This appeal is from a judgment which, on July 31, 1950, dismissed for want of prosecution an action seeking to enforce the alleged liability of appellee, the employer of appellants, for the failure of appellee to pay appellants overtime compensation under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq., with respect to activities of appellants engaged in prior to December 7, 1945. The action was commenced on December 7...

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