GUTHRIE v. LADY JANE COLLIERIES, INC.

Civ. A. No. 81-1469.

556 F.Supp. 164 (1983)

Randall L. GUTHRIE, et al., Plaintiffs, v. LADY JANE COLLIERIES, INC., a Pennsylvania Corporation, Defendant.

United States District Court, W.D. Pennsylvania.

February 8, 1983.


Attorney(s) appearing for the Case

R. Denning Gearhart, Clearfield, Pa., Lucinda Bush, Washington, Pa., for plaintiffs.

Thomas Smock, Pittsburgh, Pa., for defendant.


OPINION

DUMBAULD, Senior District Judge.

The case at bar, before us on cross-motions for summary judgment, presents the question whether plaintiffs are entitled to overtime pay under the Fair Labor Standards Act of June 25, 1938, as amended, 29 U.S.C. 207(a)(1) or whether defendant is correct in regarding them as part of Management and exempt under 29 U.S.C. 213(a)(1). Jurisdiction for private suits by employees is given by 29 U.S.C. 216(b) to recover unpaid...

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