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SHEPPARD v. CORNELIUS

No. 8486.

302 F.2d 89 (1962)

Russell SHEPPARD, Appellant, v. Barney CORNELIUS, trading as Barney Coal Company, and Leckie Smokeless Coal Company, Appellees. Ray E. RHODES, Appellant, v. Joe COSTA, trading as Joe Costa Coal Company, and Leckie Smokeless Coal Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 26, 1962.

Attorney(s) appearing for the Case

James K. Edmundson, Beckley, W. Va., for appellants.

Joseph M. Holt, Lewisburg, W. Va., and George Richardson, Jr., Bluefield, W. Va., for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BRYAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

In these proceedings, filed under § 16 of the Fair Labor Standards Act,1 the two plaintiffs assert a contractual claim to additional compensation by their employer. They had been paid at rates in excess of the minimum wages required by § 6 of the Act,2 but they contend that their employment was governed by the National Bituminous Coal Agreement of 1950, as amended, and they...

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