CARTER v. PANAMA CANAL COMPANY

No. 24464.

463 F.2d 1289 (1972)

Wade V. CARTER, Jr., et al., Appellants, v. PANAMA CANAL COMPANY.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 1972.


Attorney(s) appearing for the Case

Mr. Charles Sovel, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, for appellants. Messrs. A. Fred Freedman, Washington, D. C., and Abraham E. Freedman, New York City, were on the brief for appellants. Mr. Eugene G. Horowitz, Washington, D. C., also entered an appearance for appellants.

Mr. A. Raymond Randolph, Jr., Atty., Dept. of Justice, of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, with whom Mr. L. Patrick Gray, III, Asst. Atty. Gen., Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellee. Messrs. Reed Johnston, Jr., and Robert L. Kopp, Attys., Dept. of Justice, also entered appearances for appellee.

Before ROBINSON and MacKINNON, Circuit Judges, and GOURLEY, Senior District Judge for the Western District of Pennsylvania.


MacKINNON, Circuit Judge:

Appellants, towing locomotive operators employed by the Panama Canal Company, brought this class action for overtime pay pursuant to 5 U.S.C. § 55441 on behalf of themselves and their fellow operators. They appeal from an order of the District Court,2 following trial, dismissing their complaint on the alternative grounds that their action...

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