ADAMS v. UNION DIME SAV. BANK


48 F.Supp. 1022 (1943)

ADAMS et al. v. UNION DIME SAV. BANK.

District Court, S. D. New York.

January 20, 1943.


Attorney(s) appearing for the Case

Melton, Lebovici & Arkin, of New York City, for plaintiffs.

McLananan, Merritt, Ingraham & Christy, of New York City, for defendant.


RIFKIND, District Judge.

Motion to strike affirmative defenses and counterclaim from answer to a complaint under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., seeking compensation for unpaid overtime, liquidated damages and attorney's fee.

The first, third, sixth and seventh affirmative defenses are insufficient in law. They include the defenses of estoppel, payment in excess of the minimum standards established by law if the wage scale...

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