Johnnie Lee Wilcox v. Smullian Building Supply Company

ORIE. L. PHILLIPS, Circuit Judge.

Wilcox and 12 other individuals 1 instituted this action against Smullian Building Supply Company, 2 seeking to recover under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq., 3 amounts alleged to be due them from the employer on account of work performed by them for which they were paid less than the minimum wage fixed by the Act and for work in excess of 40 hours per week for which they were not paid overtime compensation as provided in the Act. After discovery proceedings had been completed, the employer filed a motion for summary…