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EASTERN SUGAR ASSOCIATES v. PENA

No. 4856.

222 F.2d 934 (1955)

EASTERN SUGAR ASSOCIATES (a Trust), Defendants, Appellants, v. Jose A. PENA, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

May 25, 1955.

Attorney(s) appearing for the Case

Carlos J. Faure, San Juan, Puerto Rico, Earle T. Fiddler, Jose G. Gonzalez and Tomas I. Nido, San Juan, Puerto Rico, on the brief, for appellants.

Jose A. Pena, pro se.

Stuart Rothman, Sol., U. S. Dept. of Labor, Washington, D. C., Bessie Margolin, Asst. Sol., Sylvia S. Ellison, Atty., Washington, D. C., and Kenneth P. Montgomery, Regional Atty., U. S. Dept. of Labor, Santurce, Puerto Rico, on the brief, for Secretary of Labor of the United States, amicus curiae.

Before MAGRUDER, Chief Judge, and MARIS and WOODBURY, Circuit Judges.

MARIS, Circuit Judge.

This is a suit by the plaintiff, Jose A. Pena, against his employers, the defendants Eastern Sugar Associates, a trust, for unpaid overtime compensation which he alleges is due him under the provisions of Act No. 379, Laws of Puerto Rico, 1948. The suit was brought in the former insular district court. The defense was that the parties had entered into an employment contract of the so-called Belo type1 which precluded...

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