Docket No. 36.

142 Cal.App.2d Supp. 868 (1956)

299 P.2d 29

DOLPH MARTIN, Appellant, v. OTIS O. CULLUM et al., Respondents.

Court of Appeals of California, Appellate Department, Superior Court, Kern.

June 27, 1956.

Attorney(s) appearing for the Case

Paul E. Griffiths for Appellant.

Mack, Bianco, King & Eyherabide for Respondents.


The complaint seeks to state a cause of action for overtime wages due the plaintiff against his former employer under the provisions of the so-called Fair Labor Standards Act of 1938. Paragraph IV of this complaint alleges as follows: "That prior to February 13, 1954, Defendant, Otis O. Cullum Welding Service, and on said date and continuously thereafter, was engaged in business in the County of Kern, State of California, and while so engaged

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