Walling v. Uhlmann Grain Co.

MAJOR, Circuit Judge.

This action was brought by plaintiff to restrain defendants from violating the overtime requirements of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The District Court made findings of fact and conclusions of law and entered a judgment ordering that the complaint be dismissed for want of equity. From this order plaintiff appeals. The chief ground urged for reversal is that the court erroneously construed the law applicable to the facts of the case.

Both the corporate defendant and the individual defendants, doing business as a co-partnership, are and…