Say v. the Prior Oil Co.

Opinion by

Rhodes, J.,

Plaintiff brought this action in assumpsit under the “Pair Labor Standards Act of 1938,” 52 Stat. 1060, 29 IJ.S.C.A. § 201 et seq., to recover from defendant overtime compensation, liquidated damages, and attorney fees. See 29 U.S.C.A. § 218. The trial resulted in a directed verdict in favor of defendant on the grounds that defendant was engaged in interstate commerce, and that plaintiff’s employment by defendant came within the exemption contained in section 13 (b) (1) of the act, 29 U.S.C.A. §213 (b) (1). Plaintiff’s motion for new trial was overruled, and from the…