Summary
In Brenna v. Federal Cartridge Corp., 174 F.2d 732 (8th Cir. 1949) (per curiam), decided in April 1949, the Eighth Circuit Court of Appeals affirmed dismissal of a complaint based solely on its decision one week earlier in United States Cartridge Co. v. Powell, 174 F.2d 718 (8th Cir. 1949).
Summary of this case from Marino v. OrtizOpinion
No. 13678.
April 19, 1949.
Appeal from the United States District Court for the District of Minnesota; Charles J. Vogel, Judge.
Action by Leroy E. Brenna and others against Federal Cartridge Corporation to recover overtime compensation, liquidated damages and attorneys' fees under the Fair Labor Standards Act. From a judgment dismissing the plaintiffs' complaint, 72 F. Supp. 644, the plaintiffs appeal.
Judgment affirmed.
Frank Patrick Ryan, of Minneapolis, Minn., for appellants.
Henry F. Simons, of Minneapolis, Minn., for appellees.
The Wage and Hour Division, Department of Labor filed brief as amicus curiae.
Before SANBORN, WOODROUGH and RIDDICK, Circuit Judges.
This is an action to recover overtime compensation, liquidated damages, and attorneys' fees, under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201- 219. The appellants were employees of the Federal Cartridge Corporation, which during the war period, under a cost-plus-a-fixed-fee contract with the United States, operated a government-owned munitions plant at New Brighton, Minnesota. The case was tried to the District Court. At the conclusion of the plaintiffs' (appellants') evidence, the court ruled that they were not engaged in commerce or the production of goods for commerce within the meaning of the Act, and dismissed their complaint. Anderson v. Federal Cartridge Corporation, D.C., 72 F. Supp. 644. This appeal followed. It was argued at the September, 1948, Term of this Court. Decision was deferred pending the outcome of United States Cartridge Company v. Powell, et al. The decision of this Court in that case, filed April 12, 1949, 174 F.2d 718, requires an affirmance of the judgment in this case.
Affirmed.