Anderson v. Manhattan Lighterage Corporation

CLARK, Circuit Judge.

This appeal from summary judgments for defendant in actions for overtime compensation and liquidated damages under § 16 of the Fair Labor Standards Act, 29 U. S.C.A. § 216, raises the question whether plaintiffs, as “captains” of lighters transferring cargo in New York Harbor, come within the exemption from the statutory provisions for overtime payment of “any employee employed as a seaman,” § 13(a) (3), 29 U.S.C.A. § 213(a) (3). More than one hundred plaintiffs joined in two actions which were heard below on defendant’s motion for summary judgment on affidavits and upon…