Prickett

These two appeals were taken in an action brought against appellee on January 16, 1947, to enforce causes of action, hereafter called claims, for unpaid overtime compensation and liquidated damages under the Fair Labor. Standards Act of 1938, as amended, 29 U.S.C.A. §§ 201-219 . The claims sought to be enforced were those of Glenn O. Prickett, H. F. Winans, S. E. Whitney, Luther M. Walters, Samuel D. Tinker, Frank Hemminger, Oliver H. Raftery, Fred M. Koehler, Charles R. Cobb and Charles E. Smith-Sanford. Prickett, Win-ans and Whitney brought the action “on behalf of themselves and all other employees similarly situated.” Walters, Tinker, Hemminger, Raftery, Koehler, Cobb and Smith-Sanford claimed to be “employees similarly situated.” They were not specifically named as parties plaintiff in the original complaint, but were so named in an amended complaint filed on April 6, 1949.

On May 23, 1949, appellee made (1) a motion “To dismiss the amended complaint and the pending action in its entirety” and (2) an alternative motion “To dismiss the amended complaint and pending action to the extent that it purports to assert claims on behalf of [Walters, Tinker, Hemminger, Raftery,…