
    LOUIS ROCKOFF, Appellant v. VITEX MANUFACTURING COMPANY, LTD.
    No. 14,991
    United States Court of Appeals Third Circuit
    Argued January 28, 1965
    Decided March 31, 1965
    
      See, also, 342 F.2d 996
    
    Croxton Williams, St. Thomas, Virgin Islands, for appellant
    
    William W. Bailey, Charlotte Amalie, St. Thomas, Virgin Islands, for appellee
    
    Before MARIS, MCLAUGHLIN and FREEDMAN, Circuit Judges
    
   PER CURIAM

This is a suit for unpaid and overtime compensation under the Fair Labor Standards Act. Asserting that the plaintiff was an executive employee not covered by the Act the defendant filed a motion for summary judgment accompanied by supporting affidavits. The plaintiff filed no counter affidavits, relying solely upon a stipulation which his counsel alleges he entered into with counsel for the defendant in open court but which the record fails to substantiate. The district court entered a summary judgment for the defendant which is fully supported by the opinion filed by Judge Gordon in the district court. 4 V.I. 555, 230 F.Supp. 23. Upon that opinion the judgment will be affirmed.  