Bishop v. Atlantic Smokeless Coal Co.

MOORE, Chief Judge.

The question involved here arose on a motion 'by Cecil W. Wilson, Sheriff of McDowell County, West Virginia, to quash garnishee process served upon him in this action.

Oakey Bishop brought suit in this court against the Atlantic Smokeless Coal Company to recover for alleged unpaid wages and overtime and for liquidated damages, under the provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Plaintiff obtained an attachment order and on October 13, 1949, caused garnishee process to be served on Sheriff Wilson in an effort to attach property of the defendant…