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ZYGOWSKI v. ERIE MORNING TELEGRAM, INC.

No. 13616.

298 F.2d 639 (1962)

Feliks ZYGOWSKI, Appellant, v. ERIE MORNING TELEGRAM, INC. Doing Business as Journal Publishing Co.

United States Court of Appeals Third Circuit.

Decided January 12, 1962.

Attorney(s) appearing for the Case

William W. Knox, Erie, Pa., for appellant.

Bernard F. Quinn, Erie, Pa. (Quinn, Leemhuis, Plate & Dwyer, Eaton & Nowotny, by Anthony M. Preston, Erie, Pa., on the brief), for appellee.

Before KALODNER, HASTIE and GANEY, Circuit Judges.

KALODNER, Circuit Judge.

Plaintiff, Feliks Zygowski, brought suit against defendant, Erie Morning Telegram, Inc., to recover minimum wages, overtime compensation, liquidated damages, and counsel fees under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq.1 The District Court, in a non-jury trial, held2 that plaintiff was not an employee within the meaning of the Act and therefore...

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