Thornberg v. E. T. & W. N. C. Motor Transp. Co.

delivered the opinion of .the Court.

These suits were brought by employees of the defendant to recover from it certain compensation for over time to which they claim to be entitled under tbe “Fair Labor Standards Act of 1938,” 52 Stat. 1060', 29 U. S. C. A., section 201 et seq. Tbe suits were brought before a magistrate and demurrers were interposed by defendant. Tbe demurrers were sustained by tbe magistrate and tbe cases appealed to tbe circuit court. In tbe circuit court in each case tbe defendant “without waiving its demurrer heretofore filed and expressly relying thereon” interposed pleas.