COX v. GATLIFF COAL CO.

No. 194.

52 F.Supp. 482 (1943)

COX v. GATLIFF COAL CO.

District Court, E. D. Kentucky.

November 17, 1943.


Attorney(s) appearing for the Case

R. L. Pope, of Harlan, Ky., and C. B. Upton, of Williamsburg, Ky., for plaintiff.

Tye & Siler and H. C. Gillis, all of Williamsburg, Ky., and R. L. Smith, of Corbin, Ky., for defendant.


FORD, District Judge.

This action is for the recovery of wages, overtime compensation and liquidated damages aggregating approximately $13,000 alleged to be due plaintiff under the Fair Labor Standards Act. The case was removed here from the state court.

The principal question presented by motion to remand is whether the right of removal under section 28 of the Judicial Code, 28 U.S.C.A. § 71, is precluded by the provision of section 16(b) of the Fair...

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