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McCLANAHAN v. MATHEWS

No. 20592.

440 F.2d 320 (1971)

George McCLANAHAN and William Clinger, Plaintiffs-Appellants, v. William B. MATHEWS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

April 8, 1971.

Attorney(s) appearing for the Case

Charles L. Kirk, Maysville, Ky., for plaintiffs-appellants; Charles L. Kirk, Robert G. Zweigart, Royse, Zweigart & Kirk, Maysville, Ky., on brief.

Woodson T. Wood, Maysville, Ky., for defendant-appellee; Woodson T. Wood, Fox, Wood & Wood, Maysville, Ky., on brief.

Peter G. Nash, Sol. of Labor, Bessie Margolin, Associate Sol., Carin Ann Clauss, Donald S. Shire, W. Scott Railton, Attys., United States Dept. of Labor, Washington, D. C., Marvin Tincher, Regional Atty., on brief as amicus curiae for the Secretary of Labor.

Before CELEBREZZE, PECK, and BROOKS, Circuit Judges.

CELEBREZZE, Circuit Judge.

This action was instituted by George McClanahan and William Clinger to recover from their employer, William B. Mathews, damages for wages withheld in violation of the minimum wage and maximum hour provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (1964). The action was tried to a jury, which found that Mathews had underpaid Clinger and McClanahan in the amounts of $3,200 and $6,445.43, respectively, and judgments...

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