GATES v. GRAHAM ICE CREAM CO.

No. 88 Civ.

31 F.Supp. 854 (1940)

GATES v. GRAHAM ICE CREAM CO.

District Court, D. Nebraska, Omaha Division.

March 1, 1940.


Attorney(s) appearing for the Case

Webb, Beber, Klutznick & Kelley and Loyal G. Kaplan, all of Omaha, Neb., for plaintiff.

Crossman & Barton, of Omaha, Neb., for defendant.


DONOHOE, District Judge.

We have presented for our consideration a Motion to Dismiss filed by the defendant, which in purpose challenges the jurisdiction of the Court.

The complaint in substance alleges that the action arises under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., and that this is a suit under the laws of the United States regulating commerce within the contemplation of the provisions of Chapter 2, Section 24, Subdivision...

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