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Contracts Keyed to Fuller
H. B. Deal & Co. v. Head
Citation:
251 S.W.2d 1017, 221 Ark. 47 (Ark. 1952)Facts
H.B. Deal & Company contracted with the U.S. Government, through its Corps of Engineers, to construct the Ozark Ordnance Plant near El Dorado, Arkansas. The contract explicitly stated in Article 10 that “The constructor shall compensate laborers and mechanics for all hours worked by them in excess of eight hours in any one calendar day at a rate not less than one and one-half times the basic rate of pay.” Construction began shortly after February 16, 1942, and continued for about eighteen months. The plaintiffs were employees of Deal during this construction period and filed suit in 1943 claiming additional compensation for overtime work. The trial court found that plaintiffs were entitled to recover under either the Fair Labor Standards Act or, alternatively, as third-party beneficiaries under the contract between Deal and the U.S. Government.
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