Gibbons v. Equitable Life Assur. Soc.

AUGUSTUS N. HAND, Circuit Judge.

The question to be determined on this appeal is whether the eight employees of the defendants named above were specifically *338named as parties plaintiff to this action within the meaning of the Portal-to-Portal Act, 29 U.S.C.A. § 251 et seq., even though their names were not set forth in the title to the action.

In October, 1944, an action was brought to recover unpaid overtime compensation alleged to be due under' the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. The complaint was by “Charles Gibbons, suing in his own behalf and as agent and representative…