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GILLETTE v. ROCKLAND COACHES

50 F.Supp. 617 (1943)

GILLETTE v. ROCKLAND COACHES, Inc.

District Court, S. D. New York.

June 7, 1943.

Attorney(s) appearing for the Case

Ernest Mahler, of New York City, for plaintiff.

Lexow & Jenkins, of Suffern, N. Y. (David H. Moses, of Feura Bush, N. Y., of counsel), for defendant.

BRIGHT, District Judge.

Defendant moves for an order (1) dismissing the complaint as insufficient in law, and (2) for summary judgment under its fifth defense. Plaintiff counters with a motion to strike the fifth defense as insufficient upon the facts shown.

The action is brought to recover overtime under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The complaint alleges that at the times mentioned therein plaintiff was employed by...

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