McDONALD v. KERSHAW, BUTLER, ENGINEERS

No. 12491.

172 F.2d 798 (1949)

McDONALD et al. v. KERSHAW, BUTLER, ENGINEERS, LIMITED et al. ADAMS et al. v. H. K. FERGUSON CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 4, 1949.


Attorney(s) appearing for the Case

Crampton Harris, George S. Brown and Wade H. Morton, all of Birmingham, Ala., for appellants.

George P. Bondurant and Robert W. Smith, both of Birmingham, Ala., for appellees.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.


HUTCHESON, Circuit Judge.

These cases, consolidated for appeal, were brought by employees, under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., as amended by the Portal-to-Portal Act of 1947, 29 U.S.C.A. § 251 et seq., to recover overtime compensation, liquidated damages, and attorneys' fees.

Tried to the court without a jury on an agreed statement of facts, they resulted in final judgments for the defendants based on these conclusions...

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