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MOORE v. UNIVERSAL COORDINATORS, INC.

No. 18017.

423 F.2d 96 (1970)

William MOORE, by and on behalf of himself and all other employees of Universal Coordinators, Inc., similarly situated, Howard Artrip, Robert Maibach and Clyde C. Snyder, Harry Harpster v. UNIVERSAL COORDINATORS, INC., a corporation William Moore, by and on behalf of himself and all other employees of Universal Coordinators, Inc., similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 10, 1970.

Attorney(s) appearing for the Case

Stewart R. Jaffy, Clayman, Jaffy & Taylor, Columbus, Ohio (Rothbard, Harris & Oxfeld, Abraham L. Friedman, Newark, N. J., Herschel Kriger, Canton, Ohio, David Clayman, Columbus, Ohio, on the brief), for appellants.

Frederic C. Ritger, Jr., Van Riper, Belmont & Villanueva, Newark, N. J., for appellee.

Before GANEY, SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiffs were employed as truck drivers by defendant Universal Coordinators, Inc. (Universal) and were "leased" to International Paper Company, a private motor carrier. They appeal from an order of the district court granting summary judgment in favor of defendant Universal in an action brought under § 16(b) of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b) to recover overtime wages for hours...

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