Allen v. Atlantic Co.

HUTCHESON, Circuit Judge.

Plaintiff, night operating engineer for many years at the defendant’s Macon plant, brought this suit for overtime claimed to be due him under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. At the conclusion of all the evidence, the District Judge directed a verdict for the defendant on the ground that the act did not apply to plaintiff because within the meaning of Sec. 13(a)1 of the Fair Labor Standards Act, he was during the time in question an “employee employed in a bona fide executive * * * capacity.” This appeal tests the correctness of that…