Laurens L. Delano v. The United States

I agree that there are both practical and equitable considerations which lend support to a decision in favor of the plaintiffs. However, I respectfully dissent, because I believe that, under the statutes and regulations as they presently exist, a holding for the plaintiffs is contrary to the law.

As the majority correctly points out, the Act of March 2, 1931, ch. 368, § 1, 46 Stat. 1467, as amended, 5 U.S.C. § 342c (1964), vests in the Attorney General a broad discretion to determine what constitutes overtime services. Callahan v. United States, 74 App.D.C. 281, 122 F.2d 216 (1941). There is…