Murdick v. Cities Service Oil Co.

HUXMAN, Circuit Judge.

Rolla F. Murdick filed this action to recover for overtime hours worked in excess of the maximum hours provided for under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Trial was had to the court. At the conclusion of plaintiff’s testimony, the defendant, the Cities Service Oil Company, moved to dismiss on the ground that plaintiff’s case failed to show a cause of action either in law or in fact against the defendant. The trial court found that plaintiff did not work over forty hours per week. The.action was dismissed upon the merits and judgment was rendered in…