MISSEL v. OVERNIGHT MOTOR TRANSP. CO.

Civil No. 901.

36 F.Supp. 980 (1941)

MISSEL v. OVERNIGHT MOTOR TRANSP. CO., Inc.

District Court, D. Maryland.

February 20, 1941.


Attorney(s) appearing for the Case

William O. Tydings and George A. Mahone, both of Baltimore, Md., for plaintiff.

John R. Norris, of Baltimore, Md., for defendant.


WILLIAM C. COLEMAN, District Judge.

This case, which arises under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219, and involves also the Motor Carrier Act, 1935, 49 U.S.C.A. §§ 301-327, is before the court on a motion of the defendant to dismiss the bill of complaint on the ground that it fails to state a claim against the defendant upon which relief can be granted.

The bill of complaint discloses that the defendant is a common...

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