Stratton v. Farmers Produce Co.

JOHNSEN, Circuit Judge.

In a suit by three employees of a produce company, to recover the difference between the wages paid them and those prescribed by sections 6 and 7 of the Fair Labor Standards Act of 1938, 52 Stat. 1062, 1063, 29 U.S.C.A. §§ 206, 207, and to recover also liquidated damages under the statute, the district court, on motion o£ the defendant, and without hearing any evidence, dismissed the complaint, on the ground that the work in which such employees were alleged to be engaged was exempt from the wage and hour provisions, under section 13(a) (10) of the Act, 52 .Stat. 1067,…