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CASERTA v. HOME LINES AGENCY, INC.

No. 111, Docket 25720.

273 F.2d 943 (1959)

Anthony J. CASERTA, Plaintiff-Appellee, v. HOME LINES AGENCY, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 14, 1959.

Attorney(s) appearing for the Case

Arthur B. Sheehan, New York, New York, for plaintiff-appellee.

Horace M. Gray, New York City (James A. Stevenson and Gray & Wythe, New York City, on the brief), for defendant-appellant.

Harold C. Nystrom, Acting Solicitor of Labor, Bessie Margolin, Asst. Solicitor, Jacob I. Karro, and Benson Tomlinson, Washington, D. C. and John A. Hughes, New York City, on brief for James P. Mitchell, Secretary of Labor, United States Department of Labor, as amicus curiae.

Before MAGRUDER, MEDINA and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

This is an appeal by defendant Home Lines Agency, Inc. from a judgment entered in an action in the Southern District of New York, wherein plaintiff Caserta sought to recover overtime wages, liquidated damages, and counsel fees pursuant to the Fair Labor Standards Act of 1938 as amended, 29 U.S.C.A. §§ 207 and 216. The case was tried to Judge Levet without a jury. The Court entered judgment awarding Caserta $1,730.32 in overtime wages...

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