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LASSITER v. GUY F. ATKINSON CO.

No. 11312.

162 F.2d 774 (1947)

LASSITER et al. v. GUY F. ATKINSON CO. GUY F. ATKINSON CO. v. LASSITER et al.

Circuit Court of Appeals, Ninth Circuit.

May 28, 1947.

Attorney(s) appearing for the Case

Oscar Zabel and Frederick Paul, both of Seattle, Wash., for appellants, Lassiter, et al.

J. Charles Dennis and Frank Pellegrini, both of Seattle, Wash., for appellant Guy F. Atkinson Co.

Before GARRECHT, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This is an action by or on behalf of employees of Guy F. Atkinson Company (herein sometimes called the contractor) to recover overtime pay and damages under the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219. Both sides appeal.

1. The appeal of the claimants (plaintiffs) will be considered first. One of their major contentions relates to an alleged circumvention of the Act. The contention is bottomed on a change of base salary...

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