Edwar A. Haber, Robert H. Moen, Ronald P. Tamillo, John Winning and Robert D. Sisson v. The Americana Corporation, a Corporation

Separate actions were initiated by Edward A. Haber, Robert H. Moen, Ronald P. Tamillo and John Winning, appellants in No. 20711, Robert D. Sisson, appellant in Nos. 20711 and 20712; Alvin Seidenberg, appellant in No. 20713 and Robert Kalmus, appellant in No. 20714, to recover unpaid overtime compensation. The four cases were consolidated for trial in the District Court, and have been consolidated in this court for the purpose of this appeal.

Appellants are all former employees of appellee Americana Corporation. They brought suit against their former employer under the Fair Labor Standards Act for unpaid overtime compensation, jurisdiction of the district court being under 28 U.S.C. § 1337 . Americana counterclaimed for misappropriation and conversion of its property, jurisdiction of the counterclaim being under 28 U.S.C. § 1332 (a) (1). We have jurisdiction of the appeal under 28 U.S.C. § 1291 .

Americana Corporation’s principal product is the Encyclopedia Americana which is sold in sets by salesmen throughout the country. In its Beverly Hills office Americana maintained a collection department to stimulate collections on accounts receivable. During 1963 and early 1964…