KAM KOON WAN v. E. E. BLACK, LIMITED

No. 12677.

188 F.2d 558 (1951)

KAM KOON WAN et al. v. E. E. BLACK, Limited.

United States Court of Appeals Ninth Circuit.

April 13, 1951.


Attorney(s) appearing for the Case

Samuel Landau, Honolulu, T. H. (Alfred G. Goldberg and Saul Cooper (of Padway, Goldberg & Previant), Milwaukee, Wis., of counsel), for appellants.

J. Garner Anthony, William F. Quinn, Honolulu, T. H. (Robertson, Castle & Anthony, Honolulu, T. H., of counsel), for appellee.

William S. Tyson, Sol., U. S. Dept. of Labor, Bessie Margolin, Asst. Sol., William A. Lowe and Helen Grundstein, Attys., U. S. Dept. of Labor, Washington, D. C., Kenneth C. Robertson, Regional Atty., U. S. Dept. of Labor, San Francisco, Cal., for Maurice J. Tobin, Secretary of Labor, U. S. Dept. of Labor, as amicus curiae.

Before BONE and ORR, Circuit Judges, and MATHES, District Judge.


MATHES, District Judge.

Plaintiffs brought suit under the Fair Labor Standards Act of 1938, 52 Stat. 1060, as amended, 29 U.S.C.A. § 201 et seq. for overtime benefits allegedly accruing to them during the six-year period preceding November 14, 1945, the date of commencement of the action. 28 U.S.C.A. § 1337.

Defendant denied that the activities for which overtime compensation was sought were within the coverage of the Act, and alleged that in any...

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