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CUNNINGHAM v. PHILLIPS PETROLEUM COMPANY

No. 9404.

391 F.2d 218 (1968)

Clarence Dale CUNNINGHAM et al., Appellants, v. PHILLIPS PETROLEUM COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 20, 1968.

Attorney(s) appearing for the Case

Edwin D. Abel, of Lampkin, Wolfe & Sokolosky, Oklahoma City, Okl. (Jerry D. Sokolosky and George J. McCaffrey, of Lampkin, Wolfe & Sokolosky, Oklahoma City, Okl., on the brief), for appellants.

Don Jemison, Oklahoma City, Okl. (Wm. J. Zeman, Lloyd G. Minter, and Charles H. Purdy, Bartlesville, Okl., and Edward J. Fauss, Oklahoma City, Okl., on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges,

PICKETT, Circuit Judge.

This action was brought by thirty-one individuals to recover overtime pay allegedly due them under Section 7 of the Fair Labor Standards Act. 29 U.S.C. § 207. During the period in question, December 1963 to December 1965, the appellants were employed by Phillips as attendants at gasoline service stations owned and operated by Phillips in the State of Oklahoma. The trial court, in granting the defendant's motion for summary judgment, held...

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