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MADISON AVE. CORP. v. ASSELTA

No. 497.

331 U.S. 199 (1947)

67 S.Ct. 1178

91 L.Ed. 1432

149 MADISON AVENUE CORP. ET AL. v. ASSELTA ET AL.

Supreme Court of United States.

Decided May 5, 1947.

Attorney(s) appearing for the Case

Robert R. Bruce argued the cause for petitioners. With him on the brief were Walter Gordon Merritt and John J. Boyle.

Wilbur Duberstein argued the cause for respondents. With him on the brief was Frederick E. Weinberg.

Briefs were filed as amici curiae by Samuel I. Rosenman, Godfrey Goldmark and Richard S. Salant for the Midtown Realty Owners' Association, Inc., and Murray I. Gurfein for the 128 West 30th Street Corporation et al., urging reversal.

Acting Solicitor General Washington, William S. Tyson, Bessie Margolin and Morton Liftin filed a brief for the Wage & Hour Administrator, United States Department of Labor, as amicus curiae, urging affirmance.

MR. CHIEF JUSTICE VINSON delivered the opinion of the Court.

This employee suit was brought in the District Court to recover overtime compensation, liquidated damages, and a reasonable attorney's fee pursuant to § 7 (a) and 16 (b) of the Fair Labor Standards Act of 1938.1 Recovery was allowed in the District Court, 65 F.Supp. 385, and that judgment was affirmed in the Circuit Court of Appeals...

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