LEWIS
v.
TIMES PUB. CO.
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The court held that the case required a jury trial, and the denial of the plaintiff's request for a jury was reversible error.
Plaintiff sued under the Fair Labor Standards Act for overtime compensation and liquidated damages. The trial court denied the plaintiff's request for…
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PER CURIAM.
Brought under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219, the suit was for a money demand, overtime compensation, and liquidated damages.
Plaintiff’s request for a jury denied, the cause went to trial before the district judge without a jury and judgment was rendered for the defendant.
Appellant, plaintiff below, is here assigning error on the refusal of his jury request and on the failure to render judgment for him.
Appellee urges upon us that the case was not one requiring a jury, and it was not error to refuse the request. He urges further that there was no substantial evidence upon which a jury might properly have returned a verdict for plaintiff, and, if the refusal was error, it was harmless. Burke Grain Co. v. St. Paul-Mercury Indemnity Co., 8 Cir., 94 F. 2d 458.
It is quite clear that the case was one requiring a jury, and that because of the refusal of plaintiff’s request, the judgment must be reversed and the cause remanded for jury trial. Reversed and remanded.
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La Buy v. Howes Leather Co., Inc., 352 U.S. 249 (U.S. 1957)
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Lorillard v. Pons, 434 U.S. 575 (U.S. 1978)
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Wirtz v. Jones, 340 F.2d 901 (5th Cir. 1965)
Previewing 3 of 29 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burke Grain Co. v. ST. Paul-Mercury Indem. Co., 94 F.2d 458 (8th Cir. 1938)