(Download) "Witt v. Skelly Oil Co." by Supreme Court of the State of Oklahoma # Book PDF Kindle ePub Free
eBook details
- Title: Witt v. Skelly Oil Co.
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 19, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Lex H. Witt, plaintiff-appellant, an employee of Skelly Oil Company, defendant-appellee, brought suit against appellee for payment of compensation under the Fair Labor Standards Act, 29 U.S.C. ?? 201-219, for hours he spent in appellees service in excess of 40 hours per week, plus liquidated damages as specified in 216(b) of the Act and attorneys fees and costs. A special master was appointed to take the testimony of witnesses, have the same transcribed, and to submit findings of fact and conclusions of law to the court. The special master found that appellant was entitled to judgment against appellee in the sum of $3,045.24, plus reasonable attorneys fees and costs by reason of appellee failing to compensate appellant for 765 1/2 hours of overtime; he did not find that appellant was entitled to liquidated damages. Appellant objected to this failure to find that he was entitled to liquidated damages. Appellee objected to the special master finding it liable for nonpayment of the overtime. The district court, sitting without a jury, sustained appellees objections and ordered part of the special masters findings and conclusions set aside as being clearly erroneous. The court then found that the records, upon which it determined appellant relied to sustain his claim, were unworthy of belief, patently false and unfounded, not sufficiently accurate to recover under the Fair Labor Standards Act, and that as appellants entire case was founded upon said records that appellants complaint should be dismissed with costs assessed against appellant. Judgment was entered accordingly. From this action of the district court, in setting aside the special masters report and from the failure of the special master and the district court to award appellant liquidated damages, this appeal was perfected by appellant.
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