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WRIGHT v. CARRIGG

No. 7989.

275 F.2d 448 (1960)

Levi WRIGHT, Appellant, v. W. H. CARRIGG, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 1, 1960.

Attorney(s) appearing for the Case

Sam I. Feldman, Charleston, S. C. (Elliott T. Halio, Charleston, S. C., on brief), for appellant.

Sylvia S. Ellison, Atty. U. S. Dept. of Labor, Washington, D. C. (Harold C. Nystrom, Acting Solicitor of Labor, Bessie Margolin, Asst. Solicitor, Robert E. Nagle, Atty., Washington, D. C., and Beverley R. Worrell, Regional Atty., U. S. Dept. of Labor, Birmingham, Ala., on brief), for James P. Mitchell, Secretary of Labor, U. S. Dept. of Labor, amicus curiae.

W. H. Carrigg, pro se, appellee (Julian S. Wolfe, Orangeburg, S. C., on brief).

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOBELOFF, Chief Judge.

Levi Wright was employed by W. H. Carrigg to drive a mail truck in the performance of Carrigg's contract with the Post Office Department. The employee brought an action in the District Court to recover unpaid minimum wages and overtime, liquidated damages and attorney's fees, as provided in section 16 (b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 216(b), as amended by section 11 of the "Portal-to-Portal" Act of 1947, 29 U.S...

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