STARRETT v. BRUCE

No. 9362.

391 F.2d 320 (1968)

Mose Garlin STARRETT, Appellant, v. Bobby BRUCE, doing business as Bruce Trucking Company, Appellee.

United States Court of Appeals Tenth Circuit.

March 15, 1968.


Attorney(s) appearing for the Case

Jeff R. Laird, Sulphur, Okl., for appellant.

Phil S. Hurst, of Reed & Hurst, Sulphur, Okl., for appellee.

Robert E. Nagle, Attorney, United States Department of Labor, Washington, D. C. (Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Caruthers G. Berger, Attorney, Major J. Parmenter, Regional Attorney, on the brief), for W. Willard Wirtz, Secretary of Labor, amicus curiae.

Before WILBUR K. MILLER, Senior Circuit Judge, and BREITENSTEIN and SETH, Circuit Judges.


SETH, Circuit Judge.

The appellant, Mose Garlin Starrett, brought this action under section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. § 216(b)) to recover overtime compensation together with liquidated damages and attorney's fee. The case was submitted to the trial court on stipulated facts, it entered judgment for the defendant, and this appeal was taken.

The trial court held that appellant's hours were subject to regulation by the Interstate...

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