Kurth

The E. H. Clarke Lumber Company appeals from a decision of the district court awarding P. N. Kurth overtime wages, liquidated damages and attorney’s fees under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. Kurth cross-appeals from the judgment’s award of attorney’s fees, claiming they were not adequate for the services rendered.

The Clarke Lumber Company’s Appeal.

The lumber company claims that the following statute of the State of Oregon is a valid limitation upon the time within which suits under the Fair Labor Standards Act may be commenced:

“Section 1. Recovery for overtime or premium pay accrued or accruing, including penalties thereunder, required or authorized by any statute shall be limited to such pay or penalties for work performed within six months immediately preceding the institution of any action or suit in any court for the recovery thereof; provided, that an action may be maintained within a period of 90 days after the effective date of this act on claims heretofore accrued.

“Section 2. Any law in conflict herewith to that extent is repealed hereby.”

Chap. 265, Session Laws of Oregon, 1943. Its brief states “It is admitted that, if the…

Upon Petition for Rehearing.

The petition for rehearing is denied. Cf. Fullerton v. Lamm, Or., 165 P.2d 63 , decision of the Supreme Court of the State of Oregon denying the petition for rehearing.