Orminski v. Hyland Electrical Supply Co.

Plaintiff’s action, for overtime wages as a truck driver at the hourly rates prescribed for such overtime in written contracts between defendant and plaintiff’s union, was dismissed on defendant’s motion interposing as a bar to plaintiff’s suit a summary judgment for defendant in an action brought by plaintiff in the district court of the United States to recover overtime wages, liquidated damages and reasonable attorneys’ fees under the provisions of the Fair Labor Standards Act of 1938. He appeals.

Plaintiff’s claim is based upon allegations that during the years from 1934 to 1941, both…