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ALLEN v. ATLANTIC REALTY COMPANY

No. 24356.

384 F.2d 527 (1967)

Billy ALLEN et al., Appellants, v. ATLANTIC REALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 30, 1967.

Attorney(s) appearing for the Case

Michael J. Reily, Albert M. Horn, Adair, Goldthwaite, Stanford, Daniel & Horn, Atlanta, Ga., Charles Donahue (amicus curiae), Sol., Dept. of Labor, Bessie Margolin (amicus curiae), Assoc. Sol., Dept. of Labor, Robert E. Nagle (amicus curiae), Atty., Dept. of Labor, Donald S. Shire, Atty., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., for appellants.

Earle B. May, Jr., Jones, Bird & Howell, Trammell E. Vickery, Atlanta, Ga., for appellee.

Before TUTTLE, BELL and SIMPSON, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from the dismissal by the trial court of a suit brought by the appellants under Section 16(b) of the Fair Labor Standards Act of 1938, as amended,1 for unpaid minimum wages. The appellants are building service and maintenance employees of the realty company that owns the Hurt Building in the City of Atlanta and leases space to Southern Bell Telephone & Telegraph Company in Atlanta, Georgia,...

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