Opinion
No. 12007.
March 12, 1942. Rehearing Denied April 7, 1942.
Appeal from the District Court of the United States for the Western District of Missouri; Merrill E. Otis, Judge.
Action by George M. Harrison, Grand President of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, duly authorized representatives of C.M. Barngrover, and others against the Kansas City Terminal Railway Company to recover minimum unpaid wages and liquidated damages and reasonable attorney's fee under the Fair Labor Standards Act, wherein the United States of America intervened. From a judgment for defendants, 36 F. Supp. 434, plaintiff appeals.
Affirmed.
Charles M. Hay and E.D. Franey, both of St. Louis, Mo. (S.D. Flanagan, of St. Louis, Mo., and Joe E. Burris, of Kansas City, Mo., on the brief), for appellant.
Samuel W. Sawyer, of Kansas City, Mo. (Horace F. Blackwell, Jr., of Kansas City, Mo., on the brief), for appellees.
Before THOMAS and JOHNSEN, Circuit Judges, and REEVES, District Judge.
This case involves the same controlling questions as Harrison v. Terminal Railroad Association of St. Louis, 8 Cir., 126 F.2d 421, this day decided. The facts are fully set forth in the opinion of the trial court, reported in D.C., 36 F. Supp. 434. The judgment, denying a recovery for alleged unpaid minimum wages under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., is affirmed on the authority of Williams v. Jacksonville Terminal Co. (Pickett v. Union Terminal Co.), 62 S.Ct. 659, 86 L. Ed. ___, decided by the Supreme Court on March 2, 1942.
Affirmed.