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BABLE v. T. W. PHILLIPS GAS AND OIL COMPANY

Nos. 13320, 13321.

287 F.2d 21 (1961)

W. S. BABLE, President of Local No. 242, Utility Workers of America, for and on behalf of himself, individually, and for and on behalf of certain employees and others similarly situated, H. R. Mottarn, Secretary of Local No. 242, Utility Workers of America, for and on behalf of himself, individually, and for and on behalf of certain employees similarly situated, Appellants in No. 13320, v. T. W. PHILLIPS GAS AND OIL COMPANY, Appellant in No. 13321.

United States Court of Appeals Third Circuit.

Decided February 10, 1961.

Rehearing Denied March 6, 1961.

Attorney(s) appearing for the Case

David E. Seidelson, Pittsburgh, Pa. (Meyer W. Gordon, Rothman, Gordon & Foreman, Pittsburgh, Pa., on the brief), for appellant.

John C. Bane, Jr., Pittsburgh, Pa. (John G. Wayman, J. Sherman McLaughlin, Reed Smith Shaw & McClay, Pittsburgh, Pa., on the brief), for defendant.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

STALEY, Circuit Judge.

Plaintiffs, a group of employees, brought this action under Section 16(b) of the Fair Labor Standards Act ("F.L. S.A."), 29 U.S.C.A. § 216(b) to recover overtime pay, liquidated damages, and attorney fees. The original complaint filed on February 21, 1947, naming six employees as plaintiffs, was amended on March 24, 1947, to include eighty-seven additional employees. On May 26, 1947, warrants of attorney and consents to suit were filed...

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