Waters v. Macklin Co.

MILLER, Circuit Judge.

This action was filed in the District Court by numerous employees of the Macklin Company, appellee herein, in which they sought judgment against the appellee in the amount of $1,500,000 as overtime compensation and liquidated damages, plus costs and attorneys’ fees under the provisions of the Fair Labor Standards Act of 1938. 29 U. S.C.A. §§ 201 through 219. After the plaintiffs’ evidence was completed as to one of the employees only, namely, Flarvey De Waters, the appellant herein, the District Court sustained appellee’s motion for a separate trial as to DeWaters,…