SUMRALL v. T. E. MERCER TRUCKING COMPANY

Civ. A. No. 10751.

183 F.Supp. 761 (1958)

Charles SUMRALL et al., Plaintiffs, v. T. E. MERCER TRUCKING COMPANY, Defendant.

United States District Court S. D. Texas, Houston Division.

August 11, 1958.


Attorney(s) appearing for the Case

Kirchheimer & Kirchheimer, Houston, Tex. (Joseph Kirchheimer, Houston, Tex.), for plaintiffs.

Rawlings, Sayers, Scurlock & Eidson, Allen P. Schoolfield, Jr., Fort Worth, Tex., and Butler, Binion, Rice & Cook, Houston, Tex. (Charles C. Crenshaw, Houston, Tex.), for defendant.


CONNALLY, District Judge.

The several plaintiffs here are former employees of the defendant, who seek to recover compensation allegedly due them for unpaid overtime worked during the term of their employment, as provided by the Fair Labor Standards Act.1

The defense is that the plaintiffs are employees concerning whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service, as provided...

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