Houser v. Matson

447 F.2d 860 Wayne W. HOUSER and Zelma Houser, his wife, doing business as Camelback Painting and Decorating Co., Appellants and Cross-Appellees, v. Louis E. MATSON et al., Appellees and Cross-Appellants. No. 25074. No. 25075. United States Court of Appeals, Ninth Circuit. August 23, 1971. Rehearings Denied September 23, 1971. 1 Charles Butler (argued), of Engdahl, Jerman, Butler & Estep, Phoenix, Ariz., for Houser and others. 2 Coit I. Hughes (argued), of Hughes & Hughes, Phoenix, Ariz., for Matson and others. 3 Before KOELSCH and ELY, Circuit Judges, and TAYLOR, * District Judge. FRED M. TAYLOR, District Judge: 4 These consolidated actions were brought by appellees and cross-appellants (employees) against appellants and cross-appellees (employer) under the Fair Labor Standards Act, 29 U.S.C. § 201 , et seq., to recover amounts allegedly due for overtime work performed during the years 1965 and 1966, together with liquidated damages and attorney's fees. 5 The district court had jurisdiction pursuant to 29 U.S.C.A. § 216 (b) and 28 U.S.C.A. § 1337 . This court has jurisdiction under 28 U.S.C.A. § 1291 . 6 The trial court, after trial without a jury,…