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PEACOCK v. LUBBOCK COMPRESS COMPANY

No. 16922.

252 F.2d 892 (1958)

R. A. PEACOCK, M. L. Coffer, and H. J. Wilson, Appellants, v. LUBBOCK COMPRESS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 4, 1958.

Attorney(s) appearing for the Case

Bill A. Davis, Huff & Splawn, Lubbock, Tex., for appellants.

J. A. Gooch, Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge. and JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This whole case turns on one word. Does the word "and" mean and? Does it mean or? May it have been primarily used as a comma?

The question arises in connection with an FLSA suit for overtime wages brought by three night watchmen against the Compress Company who, admittedly, was subject to the Act, and had employed them for eighty-four hours each week at a wage in excess...

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