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JACKSON v. NORTHWEST AIRLINES

Civ. Nos. 760, 939, 949, 972, 932, 1005, 1024.

76 F.Supp. 121 (1948)

JACKSON v. NORTHWEST AIRLINES, Inc., et al. and six other cases.

District Court, D. Minnesota, Third Division.

February 9, 1948.

Attorney(s) appearing for the Case

Elmer J. Ryan, of South St. Paul, Minn., for plaintiffs in all actions.

A. H. Markert and John A. Burns, both of St. Paul, Minn., for plaintiffs in Civil Action No. 760.

Mark H. Gehan, of St. Paul, Minn., for plaintiffs in all actions except Civil Action No. 760.

Charles S. Kidder, of St. Paul, Minn. (Orr, Stark & Kidder, of St. Paul, Minn., of counsel), for intervener Ray R. Brown in Civil Action No. 760.

Douglas Hall, Wyman Smith and Kenneth J. Enkel, all of Minneapolis, Minn., for Wilbur H. Theilmann, and others, interveners.

Victor E. Anderson, U. S. Atty., and Linus J. Hammond, Asst. U. S. Atty., both of St. Paul, Minn., for defendant.

Pierce Butler, of St. Paul, Minn. (Doherty, Rumble, Butler, Sullivan & Mitchell, of St. Paul, Minn., of counsel), for amicus curiae, Air Transport Ass'n of America.

NORDBYE, District Judge.

These actions are for overtime wages and are based upon the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq. They are before the Court for determination of the question, Do Sections 9 and 11 of the Portal-to-Portal Act of 1947, 80th Congress, 1st Session, Chapter 52, Public Law 49, prevent plaintiffs from recovering?

Plaintiffs were employed at a bomber modification project operated by defendant for the...

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