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RACHAL v. ALLEN

No. 20171.

321 F.2d 449 (1963)

Hal F. RACHAL and Norman F. Hoffman, Individually and as Co-Partners, d/b/a West Texas Flying Service, and West Texas Flying Service, Inc., Appellants, v. Billy Joe ALLEN et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 8, 1963.

Attorney(s) appearing for the Case

Hal Rachal, Midland, Tex., pro se.

W. Edward Lee, Longview, Tex., for appellees.

Beate Bloch, Deputy Counsel, Dept. of Labor, Charles Donahue, Sol. of Labor, Bessie Margolin, Assoc. Sol., Earl Street, Regional Atty., Dept. of Labor, Washington, D. C., for W. Willard Wirtz, Secretary of Labor, U. S. Dept. of Labor, as amicus curiae.

Before HUTCHESON, BROWN and GEWIN, Circuit Judges.

HUTCHESON, Circuit Judge.

Plaintiffs' suit, brought to recover overtime wages, liquidated damages, and other relief under the Fair Labor Standards Act of 1938, was determined on a motion for summary judgment against the defendants, and they are here insisting that this is another of those all too numerous instances of the misuse of summary judgment procedure to cut a trial short; that here, as so often before, it has served only to prove that short-cutting of trials...

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