Opinion
March 14, 1949.
In an action under the Fair Labor Standards Act of 1938 ( U.S. Code, tit. 29, § 201 et seq.), to recover compensation for overtime wages for services claimed to have been performed four and five years prior to a demand for payment, judgment entered on the verdict of a jury in favor of plaintiff, reversed on the facts and a new trial granted, costs to appellants to abide the event. The verdict is against the weight of the evidence. Carswell, Acting P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur.