J. O. Legg v. Rock Products Manufacturing Corporation, a Corporation

BREITENSTEIN, Circuit Judge.

Appellant Legg (Employee) brought suit under 29 U.S.C.A. § 216(b) against appellee Rock Products Manufacturing Corporation (Employer) to recover overtime compensation, liquidated damages, and attorney’s fees. After trial without a jury, the court below dismissed the action on the ground that Employee served in a bona fide executive and administrative capacity as those terms are defined in the regulations appearing at 29 U.S.C.A.Appendix §§ 541.1 and 541.2 and, hence, was within the exemption provided by 29 U.S.C.A. § 213(a) (1).

Employer is engaged in the quarrying…