Aulen v. Triumph Explosive, Inc.

CHESNUT, District Judge.

This is a private civil nonjury suit by two individual employes of Triumph Explosives, Inc., a Maryland corporation, to recover further compensation under the Fair Labor Standards Act, 29 U.S.C.A. § 207, for hours of work in excess of forty hours a week. All the testimony has been taken in court and the case argued by counsel and submitted for decision. The principal defense is that the employes were employed in a professional capacity and therefore are not within the provisions of the Act, which, in section 213, reads in part: “(a) The provisions of sections 206 and…