Brooks v. Southern Dairies, Inc.

WALLER, District Judge.

The plaintiffs having filed a petition for rehearing on paragraph 2 of the order of this Court made in this cause on the 2d day of December, 1940, and the Court, having considered said petition for rehearing, together with the briefs of counsel .for both sides, is of the opinion:

That a class suit can be maintained under the Fair Labor Standards Act, 29 U. S.C.A. § 201 et seq., by an employee as the representative of the same class of employees to which he belongs for the purpose of determining whether or not such employee, and class to which he belongs, and the employer…