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139 F.2d 383

Docket No. 8429.

Bailey v. National Carloading Corp.

District of Columbia District Court · decided 1943-12-13

Cited by 1 later decisions — most recently December 1945

1 federal appellate ·

2 counsel of record

Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956)

Relies on Tennessee Coal, Iron & R. v. Muscoda Local No. 123

Good law ✅— No negative treatment on recordhow we know

Decided 1943-12-13

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¶1Messrs. H. L. McCormick and Roy S. Parsons, both of Washington, D. C., submitted on the brief for appellant.

¶2Messrs. Robert E. Quirk and Joseph T. Sherier, both of Washington, D. C., submitted on the brief for appellee.

¶3Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

¶4*384MILLER, Associate Justice.

¶5This is a proceeding under the Fair Labor Standards Act of 19381 to recover overtime pay, liquidated damages and attorney’s fees. The Act provides in Sections 6 and 7, for minimum rates of wages, maximum hours of employment and overtime compensation in case of employment in excess of the maximum specified. The trial court made but a single finding of fact as follows : “The plaintiff failed to prove, by the preponderance of the' evidence, that he worked the overtime claimed in his complaint.” It concluded as a matter of law that he was not entitled to recover the amount claimed or any other sum. The evidence upon this question is in serious conflict, but it is clearly susceptible of the interpretation placed upon it by the court in its finding of fact. Consequently, there is no reason to interfere with the judgment.2

¶6In view of our decision upon the foregoing question it is unnecessary to consider the other questions presented in the briefs.

¶7Affirmed,

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