BERRY v. 34 IRVING PLACE CORPORATION


52 F.Supp. 875 (1943)

BERRY et al. v. 34 IRVING PLACE CORPORATION.

District Court, S. D. New York.

November 24, 1943.


Attorney(s) appearing for the Case

Victor J. Herwitz, of New York City (James L. Goldwater, of New York City, of counsel), for plaintiffs.

McLanahan, Merritt & Ingraham, of New York City (Robert R. Bruce, of New York City, and John J. Boyle, of New York City, of counsel), for defendant.

Douglas B. Maggs, Solicitor, of Washington, D. C., and John K. Carroll, Regional Atty., of New York City, (Irving J. Levy, Associate Solicitor, of Washington, D. C., and Sidney R. Snitkin, of New York City, of counsel), for Adm'r of Wage and Hour Division of Department of Labor, amici curiae.


RIFKIND, District Judge.

This action is another of the numerous lawsuits, affecting building service employees in the City of New York, which have followed in the wake of Kirschbaum v. Walling, 1942, 316 U.S. 517, 62 S.Ct. 1116, 86 L.Ed. 1638. On behalf of themselves and their fellow employees similarly situated, plaintiffs seek to recover overtime compensation, an equal additional amount...

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