Archie Baird, and Cross-Appellants v. Wagoner Transportation Company, and Cross-Appellees

CELEBREZZE, Circuit Judge.

This is an appeal from the United States District Court for the Western District of Michigan in an action by 19 Wagoner Transportation truck drivers against Wagoner, pursuant to the Fair Labor Standards Act of 1938, as amended in 1961, 29 U.S.C. § 201 et seq. (1964) [hereinafter sometimes referred to as “FLSA”]. The case was tried without a jury and the facts were generally uncontested. The parties stipulated that Wagoner was an “enterprise engaged in commerce within the meaning of Section 3(s) of the Act,” 29 U.S.C. § 203 (s); and that Wagoner had not paid for and…