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HEARNSBERGER v. GILLESPIE

No. 20254.

435 F.2d 926 (1970)

Bobby HEARNSBERGER, Appellant, v. L. E. "Cotton" GILLESPIE, d/b/a Eudora Livestock Auction Company, Inc., and Eudora Livestock Auction Company, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

December 30, 1970.

Attorney(s) appearing for the Case

Silas H. Brewer, Jr., Youngdahl, Sizemore, Brewer, Forster & Uhlig, Little Rock, Ark., for appellant.

Sam Robinson, Little Rock, Ark., for appellees.

Peter G. Nash, Sol. of Labor, Bessie Margolin, Associate Sol., Carin Ann Clauss, Donald S. Shire, Anastasia T. Dunau, Attys., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Sol., for James D. Hodgson, Secretary of Labor, U. S. Dept. of Labor, as amicus curiae.

Before MATTHES, Chief Judge, LAY, Circuit Judge, and REGISTER, Chief District Judge.

REGISTER, Chief District Judge.

This action was brought by appellant Hearnsberger under Section 16(b) of the Fair Labor Standards Act1 to recover unpaid minimum wages, overtime compensation, liquidated damages and reasonable attorney's fees and costs.

Defendants denied that Hearnsberger was employed by each of them during the period in question, denied any liability to him under the Act, and asserted that during the time he had...

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