Billy Allen v. Atlantic Realty Company

TUTTLE, Circuit Judge:

This is an appeal from the dismissal by the trial court of a suit brought by the appellants under Section 16(b) of the Fair Labor Standards Act of 1938, as amended, 1 for unpaid minimum wages. The appellants are building service and maintenance employees of the realty company that owns the Hurt Building in the City of Atlanta and leases space to Southern Bell Telephone & Telegraph Company in Atlanta, Georgia, to house its headquarters and general offices. The trial court found that approximately 75% of the leaseable space of this building was utilized by Southern Bell…