Berger v. Clouser

JOHNSON, District Judge.

This is a civil action under section 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 216(b), by Max Berger in his own behalf and as agent_ for 21 other persons, against the Crystal Coal Company, to recover unpaid overtime compensation and an additional equal amount as liquidated damages. Defendants have filed a motion to dismiss, stating seven grounds in support of their motion. The various reasons will be separately considered.

I. Defendants contend that “the Act upon which suit was brought is unconstitutional in that it is a violation of the Fifth…