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COLLIER v. NEW RIVER & POCAHONTAS CONSOL. COAL CO.

Civ. A. No. 589.

66 F.Supp. 288 (1946)

COLLIER v. NEW RIVER & POCAHONTAS CONSOLIDATED COAL CO.

District Court, S. D. West Virginia.

May 31, 1946.

Attorney(s) appearing for the Case

H. E. Dillon, Jr., of Fayetteville, W. Va., and Kay, Casto & Amos, of Charleston, W. Va., for plaintiff.

Mahan & White, of Fayetteville, W. Va., for defendant.

MOORE, District Judge.

Plaintiff sues for the recovery of overtime compensation under Section 16 of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. There is but slight conflict between the parties as to the amount of compensation to which plaintiff is entitled, if the plaintiff is, under the facts of the case, entitled to recover anything. The defense made is three-fold: (1) That the plaintiff was not employed in such a manner as to be "engaged in commerce...

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