MURDICK v. CITIES SERVICE OIL CO.

No. 2918.

145 F.2d 231 (1944)

MURDICK v. CITIES SERVICE OIL CO.

Circuit Court of Appeals, Tenth Circuit.

October 25, 1944.


Attorney(s) appearing for the Case

Clyde Taylor, of Kansas City, Mo. (John Langsdale, of Kansas City, Mo., and Patrick W. Croker, of Kansas City, Kan., on the brief), for appellant.

R. O. Mason, of Bartlesville, Okl. (A. M. Ebright, Hayes McCoy and W. P. McGinnis, all of Bartlesville, Okl., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

Rolla F. Murdick filed this action to recover for overtime hours worked in excess of the maximum hours provided for under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Trial was had to the court. At the conclusion of plaintiff's testimony, the defendant, the Cities Service Oil Company, moved to dismiss on the ground that plaintiff's case failed to show a cause of action either in law or in fact against the defendant. The trial...

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