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LA GUARDIA v. AUSTIN-BLISS GENERAL TIRE CO.

41 F.Supp. 678 (1941)

LA GUARDIA v. AUSTIN-BLISS GENERAL TIRE CO., Inc.

District Court, S. D. New York.

October 20, 1941.

Attorney(s) appearing for the Case

Seymour Baskind and Stanley Osserman, both of New York City (Anthony Battaglia and Theodore F. Tonkonogy, both of New York City, of counsel), for plaintiff.

Kenneth Chandler Schwartz, of Mount Vernon, N. Y., for defendant.

BRIGHT, District Judge.

Plaintiff moves to strike from the defendant's answer the denial of the allegations of paragraph II of the complaint and also the second and seventh affirmative defenses. The action is brought under the "Fair Labor Standards Act of 1938", U. S.C.A.Title 29, Sections 201-219, by the assignee of certain of defendant's employees to recover unpaid overtime compensation.

Paragraph II of the complaint alleges that jurisdiction is conferred...

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