Englert

Appellant (F. J. Englert) brought an action against appellees (S. Birch & Sons Construction Company and Morrison-Knudsen Company). The complaint was in four counts. Appellees answered, a trial was had, and a judgment was entered dismissing counts 1-3 and granting in part the relief sought in count 4. From so much of the judgment as dismissed counts 1-3 this appeal is prosecuted.

Count 1 stated a claim of appellant. Count 2 stated a claim assigned to appellant by Donald D. Stuart. Count 3 stated a claim assigned to appellant by John A. Rude.

All the claims were based on §§ 7(a) and 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 207 (a) and 216(b). Section 7(a) of the Act, 29 U.S.C.A. § 207 (a), provides that, with inapplicable exceptions, “No employer shall * * * employ any of his employees who is engaged in commerce or in the production of goods for commerce 1 * * * for a work *35 Week longer than forty hours * * * unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Section 16(b) of the Act, 29 U.S.C.A. § 216 (b), provides:…