Burhans v. Montgomery Ward & Co.

LEIBELL, District Judge.

The plaintiffs, six former employees of defendant Montgomery-Ward, .have brought this action under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§; 201-219, to recover unpaid overtime compensation, liquidated damages, and attorneys’ fees. While originally alleged to have-been commenced by the six named plaintiffs for themselves and other employees similarly situated, later, by stipulation, the action was continued only on behalf of these six men.

Solely for the purposes of this litigation' both parties, waived a formal trial arid'submitted the controversy on a stipu*185…