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CIEMNOCZOLOWSKI v. Q. O. ORDNANCE CORPORATION

Nos. 15186, 15187.

228 F.2d 929 (1955)

Frank A. CIEMNOCZOLOWSKI, Ray Winfrey, Connie Merchant, Loren R. Garst, individually and as agents and representatives to maintain this action for and on behalf of all employees similarly situated, Appellants, v. The Q. O. ORDNANCE CORPORATION, Appellee. Joseph P. DUNNING, Ernest Bingham, O. Q. Gaines, John H. Sievers et al., individually and as agents and representatives to maintain this action for and on behalf of all employees similarly situated, Appellants, v. The Q. O. ORDNANCE CORPORATION, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 27, 1955.

Rehearing Granted February 10, 1956.

Attorney(s) appearing for the Case

Charles W. Hess, Jr., Kansas City, Mo. (Thomas W. Lanigan, Grand Island, Neb., Guy A. Magruder, Jr., Arthur N. Nystrom and Terrell & Taylor, Kansas City, Mo., were with him on the brief), for appellants.

Leo Eisenstatt, Omaha, Neb. (G. L. DeLacy, Omaha, Neb., was with him on the brief), for appellee.

Before SANBORN, COLLET and VAN OOSTERHOUT, Circuit Judges.

Rehearing Denied in No. 15186 June 27, 1955.

Rehearing Granted in No. 15187 February 10, 1956.*

COLLET, Circuit Judge.

Two separate actions were instituted in 1945 in the United States District Court for Nebraska to recover compensation under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., for time allegedly devoted by plaintiffs to defendant's work and for which the plaintiffs were not compensated. The cases...

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