Opinion
Gen. No. 43,876. (Abstract of Decision.)
Opinion filed June 26, 1947 Released for publication July 8, 1947
MASTER AND SERVANT, § 19 — when Fair Labor Standards Act judginent in favor of defendant will be reversed. In action under Federal Fair Labor Standards Act of 1938 to recover compensation for overtime work at defendant's factory, where defense was that plaintiff was manager of its production control department and as such was employed in executive capacity, and that therefore plaintiff was in exempt class, and trial court rendered judgment in favor of defendant, but for some reason not shown by record court ignored only question involved, namely, whether plaintiff was nonexempt employee under Administartor's Regulation, Sec. 541.1 (f), which question turned on credibility of witnesses, held that, in interest of justice, judgment of trial court could be reversed and cause remanded for new trial ( 29 USCA §§ 213, 541.1).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. FRANCIS BORRELLI, Judge, presiding.
Judgment reversed and cause remanded for a new trial. Heard in the second division, first district, this court at the October term, 1946.
Miller, Gorham, Wescott Adams, for appellant;
Frederic O. Mason, of counsel;
Ellis D. Whipp, for appellee.
Not to be published in full. Opinion filed June 26, 1947; released for publication July 8, 1947.