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BURRY v. NATIONAL TRAILER CONVOY, INC.

No. 15596.

338 F.2d 422 (1964)

Daniel K. BURRY and Sara Burry, Plaintiffs-Appellees, v. NATIONAL TRAILER CONVOY, INC., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 25, 1964.

Attorney(s) appearing for the Case

Floyd L. Rheam, Tulsa, Okl., for appellant, Rheam & Noss, Tulsa, Okl., on brief and of counsel.

David R. Piper, Knoxville, Tenn., for appellees, Robert T. Mann, Knoxville, Tenn., on brief, Privette & Mann, Knoxville, Tenn., of counsel.

William Fauver, Atty., Dept. of Labor, Washington, D. C., amicus curiae, for W. Willard Wirtz, Secretary of Labor, United States Dept. of Labor, Charles Donahue, Sol. of Labor, Bessie Margolin, Assoc. Sol., Carin A. Clauss, Atty., Dept. of Labor, Washington, D. C., Jeter S. Ray, Regional Atty., on the brief.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

Plaintiffs, who are husband and wife, sued to recover unpaid minimum wages and overtime compensation, liquidated damages and attorneys' fees under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Jurisdiction is conferred by 28 U.S.C. § 1337 and 29 U.S.C. § 216(b).

The case was tried before the Honorable Robert L. Taylor, District Judge, without a jury. The district court made detailed findings of fact and...

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