Brenna v. Federal Cartridge Corp.

Eighth Circuit

Brenna v. Federal Cartridge Corp.

174 F.2d 732, 1949 U.S. App. LEXIS 3375, 16 Lab. Cas. (CCH) 65,098

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 19, 1949

DocketNo. 13678

StatusPublished

Cited by2 cases

This text of 174 F.2d 732 (Brenna v. Federal Cartridge Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brenna v. Federal Cartridge Corp., 174 F.2d 732, 1949 U.S. App. LEXIS 3375, 16 Lab. Cas. (CCH) 65,098 (8th Cir. 1949).

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Opinion

PER CURIAM.

This is an action to recover overtime compensation, liquidated damages, and attorneys’ fees, under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§.201-219. The appellants were employees of the Federal Cartridge Corporation, which during the war period, under a cost-plus-a-fixed-fee contract with the United States, operated a government-owned munitions plant at New Brighton, Minnesota. The case was tried to the District Court. At the conclusion of the plaintiffs’ (appellants’) evidence, the court ruled that they were not engaged in commerce or the production of -goods for commerce within the meaning of the Act, and dismissed their complaint. Anderson v. Federal Cartridge Corporation, D.C., 72 F.Supp. 644. This appeal followed. It was argued at the September, 1948, Term of this Court. Decision was deferred pending the outcome of United States Cartridge Company v. Powell, et al. The decision of this Court in that case, filed April 12, 1949, 174 F.2d 718, requires an affirmance of the judgment in this case.

Affirmed.

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PER CURIAM.

This is an action to recover overtime compensation, liquidated damages, and attorneys’ fees, under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§.201-219. The appellants were employees of the Federal Cartridge Corporation, which during the war period, under a cost-plus-a-fixed-fee contract with the United States, operated a government-owned munitions plant at New Brighton, Minnesota. The case was tried to the District Court. At the conclusion of the plaintiffs’ (appellants’) evidence, the court ruled that they were not engaged in commerce or the production of -goods for commerce within the meaning of the Act, and dismissed their complaint. Anderson v. Federal Cartridge Corporation, D.C., 72 F.Supp. 644. This appeal followed. It was argued at the September, 1948, Term of this Court. Decision was deferred pending the outcome of United States Cartridge Company v. Powell, et al. The decision of this Court in that case, filed April 12, 1949, 174 F.2d 718, requires an affirmance of the judgment in this case.

Affirmed.

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Bluebook (online)

174 F.2d 732, 1949 U.S. App. LEXIS 3375, 16 Lab. Cas. (CCH) 65,098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brenna-v-federal-cartridge-corp-ca8-1949.

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