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BODDEN v. McCORMICK SHIPPING CORP.

No. 13291.

188 F.2d 773 (1951)

BODDEN v. McCORMICK SHIPPING CORP. et al. THE SANS PEUR.

United States Court of Appeals Fifth Circuit.

May 8, 1951.

Attorney(s) appearing for the Case

Bertram R. Coleman, Miami, Fla., for appellant.

H. N. Boureau, Miami, Fla., for appellees.

William S. Tyson, Solicitor, Bessie Margolin, Asst. Solicitor, William A. Lowe and Joseph D. Mladinov, Attys., U. S. Department of Labor, all of Washington, D. C. (Beverley R. Worrell, Regional Attys., Birmingham, Ala., on the brief), for the Secretary of Labor as amicus curiae.

Before HOLMES, BORAH and STRUM, Circuit Judges.

STRUM, Circuit Judge.

This is an appeal in admiralty from a decree dismissing a third amended libel which seeks to recover sums alleged to be due as overtime wages for labor performed by libellant upon the yacht "Sans Peur." The question is whether or not said labor is within the coverage of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., libellant having already been paid his straight time, or regular wages, but not time and a half for overtime...

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