LEGG v. ROCK PRODUCTS MANUFACTURING CORPORATION

No. 6896.

309 F.2d 172 (1962)

J. O. LEGG, Appellant, v. ROCK PRODUCTS MANUFACTURING CORPORATION, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

August 27, 1962.


Attorney(s) appearing for the Case

J. E. Williams, Ardmore, Okl. (E. H. Williams, Williams & Williams, Ardmore, Okl., and J. E. Bullard, Tishamingo, Okl., were with him on the brief), for appellant.

Frank H. Jaques, Ada, Okl. (Harvey J. Lambert and Kerr, Lambert, Conn & Roberts, Ada, Okl., of counsel, were with him on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellant Legg (Employee) brought suit under 29 U.S.C.A. § 216(b) against appellee Rock Products Manufacturing Corporation (Employer) to recover overtime compensation, liquidated damages, and attorney's fees. After trial without a jury, the court below dismissed the action on the ground that Employee served in a bona fide executive and administrative capacity as those terms are defined in the regulations appearing at 29 U.S.C.A.Appendix...

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